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HomeMy WebLinkAbout08-05-1974A-1 C-1 C-2 C-3 D-1 E-1 E-2 �1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL j23 CITY OF ROCHESTER, MINNESOTA AuT,ct 5, 1g74 - Regular Adjourned Meeting # 12 President Postier called the meeting to order at 2:00 P.M., the following members being present : President Postier,Aldermen Kamper, Larson, Ludowese, and Powers. Absent: Aldermen McNary and Strain. Ludowese moved, Larson seconded to approve the minutes of the Special meeting held July 22, 1974. Ayes (5), Nays (0). Motion carried. Powers moved, Kamper seconded to approve the Mayor's appointment of Charles ( Archie ) Armstrong, 310 7th Avenue S. W. to the Planning Commission. Ayes (5), Nays (0). Motion carried. Term expires to December 31, 1974. Mr. Armstrong replaced Mr. Dennis Safe who moved out of the City. Larson moved, Ludowese seconded to approve the Mayor's Reappointments to the Rochester Library Board as follows: Mrs. F.F. Borg.900 18th Avenue N. E., Mr. Harry H. Evans, 931 8th Avenue S. W., Mr. Robert W. Hurrle 410 6th Avenue S.W. The terms of these three expire.f',July, 1977. Ayes (5), Nays (0). Motion carried. Larson moved, Ludowese seconded to approve the promotion of Robert Wood , 1817 Third St. S. W. to the position of Captain in the Police Department. Ayes (5), Nays (0). Motion carried. MR. Herbert Cooper of 3-11th Avenue S. W. requested to be heard regarding the concern of senior citizens over the nonobservance of moving vehicles of the li.nes marking crosswalks across streets. President Postier referred this to the Traffic engineer and the Public Safety Committee. Kamper moved, Powers seconded instructing the City Attorney to prepa an,, ordinance amending the taxicab rates of fare as follows: 1. From $.65 for the first 1/5 mile to $.75 for the first 1/6 mile; 2. From $.10 for each additional 1/5 mile to $.10 for each additional 1/6 mile; 3. The $.10 for each 1 1/2 minutes of waiting time is to remain unchanged. Ayes (5), Nays (0). Motion carried. Ludowese moved, Larson seconded to deny the application fora strong beer and wine license. Mr. "George-=KaT:I iman'i s` owner and-operato of Golden Georges 1829 Hwy 52 North, Rochester, Minnesota who requested this license. Ayes (5 ), Nays (0). Motion carried. Agenda Item E-3 E-4 E-5 E-6 E-7 E-9 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER; MINNESOTA August 5, 1974 - Regular Adjourned meeting Np 12 Powers moved, Ludowese seconded to grant a 3.2 on -sale non -intoxic- ating malt liquor license to John Hardy, Jr. for Hardy's Bar-B-Que 1619 Third Avenue S. E. Ayes (5), Nays (0). Motion carried. Ludowese moved, Powers seconded to table the application for a transfer of retail on and off sale non intoxicating liquor licenses to Gayle A. Vartanian, Eyota, Mn. from Donald Rockvam for the Wood Box Bar, 322 So. Broadway, and Powers moved, Ludowese seconded to table the application for a transfer of retail on and off�sale non -intoxicating liquor license to David L. Wojchik,-1318-8 1/2 St. S. E. from Mr. Joe Suchomel, Jr. for the Pub, 921 5th St. N.W. until further information is available. Ayes (5), Nays (0). Motion carried. Ludowese moved, Kamper seconded to grant the.license for operating a sauna and Massage Parlor to the E1 Cid Sauna and Massage Parlor 30 1/2 North Broadway, and to the Velvet Touch for Massages only. Mr. Gerald Swanson, City Attorney noted for the record that two complaints pending in court - one against a masseuse Linda Lynhart employee of El Cid, and one against Cynthia Grant employee at the Velvet Touch. The Complaints are still pending in the County Court. Mr. Ronald Gaustad of the El-Cid and E1 Matador Sauna and Massage Parlor was present and stated that ,the work at E1 Cid had been done, and a license was desired, The license at the E1 Matador was not granted pending the completion of remodeling in order to pass inspection by various departments. Ayes (5), Nays (0). Motion carried. Kamper moved, Powers seconded to approve the Partial payment in the amount of $1,721. to R. Dixon Speas for work completed on the Airpor Master Plan. THe plan is 91.1 % complete. and Partial payment to Weichselbaum HSR Associates in the amount of $6,133.05 for archit- ectural services in conjunction with the fire/crash building at the municipal airport; and to instruct the City Attorney to prepare a Resolution authorizing the Mayor and City Clerk to execute an agree- ment between the City and Weichselbaum HSR Associates for the architectural services on the fire/crash building at the municipal airport. The City had a prior contract with Weichselbaum, but this contract was not acceptable to the FAA. The FAA requires a lump sum fee basis instead of a percentage of the contract amount. Ayes (5), Nays (0). Motion carried. Ludowese moved, Powers seconded to approve the appl:i_cati;ons and bond! for the following: Cigarette License - Snyder Drug Store, 1629 N. Broadway $12.00 Master Plumbers License - Philip Skarda 1294 Ohio W. St. Paul $ 30.01 American Empire Ins. Co. $ 1,000.00 for Master Plumbers License, Philip Skarda. Ayes (5), Nays (0). Motion carried. Larson moved, Ludowese seconded to allow construction of -a -swimmi g Pool at Motel 6 before the final PUD plan is approved. Ayes (5), Nays (0). Motion carried. I COUNCILJL25 Agenda Item E-10 E-11 E-12 E-13 { E-14 :E-15 E-16 E-17 I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON CITY OF ROCHESTER, MINNESOTA August 5, 1974 - Regular Adjourned Meeting # 12 Ludowese moved, Kamper seconded to the low bid of $2,410.00 to Littrup Sanitary Sewer Extension in Skyline Nays (0), Motion carried. adopt_;Resolution�.,No1 338 awarding Nielson, Inc for furnishing Drive S. W. to Lot 48. Ayes (5), Kamper moved, Powers seconded to adopt the Resolution No. 339 awarding the low bid of $17,622.15 to C & B Enterprises of Eyota, Minnesota for Project 6256-9A-74 J 8507 and 8509 for Furnishing concrete sidewalk on both sides of 9th Avenue S. E. from 13 1/2 Street to 16th Street S. E. Ayes (5), Nays (0). Motion carried. Powers moved, Ludowese seconded to adopt Resolution No. 340 authorizing the City Clerk to advertise for bids for Part II Sanitary Sewer Trunk and Collector Main from the West line E 1/2 NW 1/4 Sec. 34 Cascade Township to the West line of Cascade Indust- rial Park Subdivision Project 7308-0-73 J 8485. Ayes-(5), Nays (0). Motion carried. Kamper moved,,Ludowese seconded to remove the 2-12 minute meters on South Broadway in front of the Library and replace them with 2- 60 minute meters, and instruct the City Attorney to prepare a resolution for adoption. Ayes (5), Nays (0). Motion carried. Powers moved, Ludowese seconded to prohibiting of parking on the south between 1st Ave. and 3rd Ave at all up at the August 19, 1974 meeting. table the recommendation of side of 9 1/2 Street S. E. times. This will be brought Ayes (5), Nays (0). Motion carri Kamper moved, Powers seconded to instruct the City Attorney to prepare a resolution to establish a 30 minute Parking Meter Zone under Section I, Meters "A" to read: (13.5) Second Street South- west on the North Side of the street, from a point 40' feet more or less west of Fifth Avenue to a point 120 feet more or less' west of Fifth Avenue. Ayes (5), Nays (0). Motion carried. Powers moved, Ludowese seconded to instruct the City Attorney to prepare a resol.ution establishing a passenger loading zone under Section E to read as follows: (74.5) Fourth Avenue N. W. on the east side of the street 20 feet more or less in front of the premises known as 14 Fourth Avenue N. W. ( The Ritter House ). ( This is to be established only until the completion of the Milton Hotel ). Ayes (5), Nays (0). Motion carried. Ludowese moved, Kamper seconded adopting Resolutions 341 and 342 declaring cost to be assessed and ordering preparation of the proposed assessment and ordering a hearing on the proposed assessmen- to be set for September 16, 1974 on the following: Project 6901- J 8310 and 8336 Parts I , II, III of Elevated Water Tank and Trunk Mains for the High Level District in E 1/2 Section 27 and W 1/2 Section 26 of the N.W. Service Area.,Ayes (5), Nays (0). Motion carried. 126 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item E-18 E-19 E-20 E-21 E-22 E=23� CITY OF ROCHESTER, MINNESOTA August 5, 1974 - Regular Adjourned Meeting No. 12 Ludowese moved, Powers seconded to adopt Resolutions No. 343 and 344 declaring cost to be assessed and ordering preparation of the proposed assessment and ordering a hearing to be set for September 16, 1974 on the following project: No. 7201-0-73 J 8466 Sanitary Sewer to serve Community Recreation Centre and other lands in E 1/2 Section 26-107-14 lying west of T.H. 63. Ayes (5), Nays (0). Motion carried. Ludowese moved, Powers seconded to adopt the prepared Resolution No. 345 receiving the preliminary report and ordering a public hearing to be held on September 16,.1974 on Project No.1;7301 ,Job. No._...8438 Stage,'.I - Northwett District-.Sani-tary Sewer Trunkl i ne;_`- Pumping Station, -and <Fer_cemain Ayesf(5),=Nays (0). Motion Carried':' ,.._ - . - Ludowese moved, Kamper seconded to adopt the prepared Resolution No. 346 ordering the improvement to be made and designated Roger Plumb as the City Engineer on J 4944 Valhalla -Elton Hills East Storm Sewer Improvements . Ayes (5), Nays (0).Motion carried. Ludowese moved, Powers seconded to adopt the prepared Resolution No. 347 receiving preliminary report and ordering a public hearing to be held on September 3, 1974 on Watermain extension from 7th St. N. W. to Cascade Ind ustria.l,Park Subdivision Job 7403-1-74. Ayes (5), Nays (0). Motion carried. Kamper moved, Powers seconded to table the establishment of a commod ity Loading Zone under Section J to read as follows: First Avenue Southwest on the east side of the street, 20 feet more or less in front of the premises known as 212 First Avenue S. W. ( The Chamber of Commerce ). Five MINUTE Parking Limit. The Chamber of Commerce would have to furnish the Council with more information as to %the need of this alley, and this item will be brought up at a future Council meeting. Ayes (5), Nays (0). Motion carried. Ludowese moved, Larson seconded to instruct the City Attorney to prepare a resolution establishing the following regulations regardi parking around the Hilton and Guggenheim'buildings: 1. Section E, Passenger Loading Zones: A. (30) Second Street Southwest on the south side of the street from Second Avenue Southwest to a point 180 feet more or less west of Second Avenue . 30 Second Limit. B. (44) Second Avenue Southwest on the west side of the street from Second Street Southwest to a point 100 feet more or less south of Second Street. 30 Second Limit. C. (52) Third Street Southwest on the north side of the street from Second Avenue Southwest to a point 95 feet more or less west of Second Avenue. 30 Second Limit. -11 I 'A E-23 E-24 E-25 F-1 F-1 F-1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL .127 CITY OF ROCHESTER, MINNESOTA August 5, 1974 - Regular Adjourned Meeting No. 12 D. Amend (63) to Read: (63) Third Avenue Southwest on the east side of the street from a point 150 feet more or less north of Third Street Southwest to a point 210 feet more or less north of Third Street. 30 second limit.. E. Third Avenue Southwest on'the east side of the street from Third Street Southwest to a point 50 feet more or less north for wheel chair use only. 5 minute Limit. 2. Second I, Parking Meters, Zone A ( 12.Minute Meters ). (15.5) Third Street Southwest on the north side of the street from a point 95 feet more or less west of Second Avenue Southwest to a point 115 feet more or less west of Second Avenue. - 3. Section B, No Parking Zones Third Avenue Soutwest on the east side of the street from Second Street Southwest to Third Street Southwest from 4 P.M. to 6 P.M. Ayes (4), Nays (0). ATderman_Powersrabstained. Motion carried. Ludowese moved, Powers seconded to grant the request to delete the required sidewalk between Lots 13,14, 35 and 36 , Block 2, Valhalla 3rd Subdivision. This consists of a stairway of approximately 94 steps connecting loth Avenue N. W. with Trolls Court N. W. Ayes (5) Nays (0). Motion carried. Powers moved, Ludowese seconded to instruct the City Attorney to prepare an Ordinance amending Ordinance 1664 by assigning the addit= ional title of City Engineer -to the Director of Public Works . Roger Plumb is the current Public Works Director. Ayes (5), Nays (0). Motion carried. Larson moved, Ludowese seconded to adopt Resolution No. 348 approvin a resolution by the Public Utility Department awarding a contract to Kehne Electric Co., Inc. in the amount of $169,100.00. Ayes (5), Nays (0). Motion carried. Larson moved, Ludowese seconded to adopt Resolution No. 349 approv- ing the Resolution of the Public Utility-board=which reduces the time period for averaging the cost of fuel from 12 months to 3 months. Ayes (5), Nays (0). Motion carried. Larson moved, Ludowese seconded to adopt Resolution No. 350 giving the Weed Inspector or his assistant blanket authority to remove weeds and grass which constitutes a public nuisance . Ayes (5), Nays (0). Motion carried. Agenda Item F-1 F-1 F-1 F-1 F-1 F-1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA August 5. 1974 - Regular Adjourned Meeting No_ 12 Powers moved, Ludowese seconded to adopt Resolution No. 351 accepting as a gift from the Congress for a Better Rochester, Inc. the land consisting of that part of the East Half of:the Southeast Quarter, Section 10, Township 10,, Range 14, lying north of the road, subject to public purpose of park use, and assigns to the Board of Park Commissioners and the Park Department of�the City of Rochester for management and control as part of the City's public park system, and the Mayor of the City of Rochester is requested to express to the Congress for a better Rochester, the appreciation and gratitude of the City for its generous gift to the park system. Ayes (5), Nays (0). Motion carried. Kamper moved, Ludowese seconded to adopt Resolution No. 352 approv- ing Plans and Specifications for improvements in Lot 1, Block 1 Pennington Business Park Second Subdivision and authorize the Mayor and City Clerk to execute a contract with William J. Adamson and Caroline A. Adamson, and James P. Adamson and Marlene Adamson for the construction of said improvements. Ayes (5), Nays (0). Motion carried. Ludowese moved, Powers seconded to adopt Resolution No. 353 approv- ing the Plans and Specifications for Widening on both sides of 40th Street N. W. in Sunrise Estates Second Subdivision and authorizing the Mayor and City Clerk to execute a contract with Ray J. Arend and Mary T. Arend for the construction of said improvements. Ayes (5), Nays (0). Motion carried. Ludowese moved, Powers seconded to adopt Resolution No. 354 approv- ing the Plans and Specifications for Watermain extension to serve a portion of Lot 2, Southgate Addition and authorize the Mayor and the City Clerk to execute a contract with Lowell H. Penz and Darlene Penz for the construction of said improvements. Ayes (5), Nays (0). Motion carried. Ludowese moved, Kamper seconded to adopt Resolution No. 355 approv- ing Plans and Specifications for Street Grading and Surfacing, Concrete Curb and Gutter, Sanitary Sewer, Storm Sewer, Watermain, and Service Connections stubbed into boulevard on Manor Woods Drive from First Place N. W. to the west line of Lot 10, Block 1, of Manor Woods 1st Subdivision and authorize the Mayor and City Clerk to execute -a contract with Johnson, Drake and Piper, Inc. for the construction of said improvements. Ayes (5), Nays (0).Motion carri Powers moved, Kamper seconded to adopt Resolution No. 356 establishi a special election for November 5, 1974 to have the voters vote on a question " Shall the City council be allowed to issue 'on - sale licenses for the sale of intoxicating liquor at retail in excess of the number now permitted by law?"Ayes (5), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 129 CITY OF ROCHESTER, MINNESOTA 11 F-1 F-1 F-1 A-1 M. AN B-3 Larson moved, Ludowese seconded to adopt Resolution No. 357 setting September 3, 1974 at 7:30 o'clock P.M. as the date to consider proposed reassessment of Street grading and surfacing, sanitary sewer and watermain service connection.stubbed into boulevard on 24th Street N. E. from East River Road .( 3rd Ave.,N. E.)to Trunk Highway 63 North against Lot 1, Christensen-Sehl Subdivision adopted by Resolution of the Common Council on March 26, 1974. Ayes (5), Nays (0). Motion carried. An Ordinance annexing to the City certain unplatted Land in Part of the SW Quarter, Section ll,.Township 106N Range 14 W ( Minnesota Bible College Land ) was given its first reading. ( 1.07 acres ) An Ordinance Relating to Taxicab Service; increasing the maximum rates therefor; and amending Rochester Code of Ordinances, Section 157.130, as amended by Ordinance No. 1689 was given its first reading. Ludowese moved, Powers seconded to approve the semi-monthly bills (list attached ) in the amount of $646,676.28. Ayes (5), Nays (0). Motion carried. Having no further business, the meeting was adjourned until 7:30 P.M. President Postier called the meeting to order at 7:30 P.M. the foll- owing members being present: President Postier, Aldermen Kamper, Larson, Ludowese, Powers. Absent:Aldermen McNary and Strain. Hearing on the Repaving Third Avenue-S. W. from 2nd Street to 5th Street S. W. J 8512. No one was present that wished to be heard President Postier closed the hearing, Larson moved, Kamper seconded to prepare a resolution for adoption ordering the project to be made. Ayes (5), Nays (0). Motion carried. Hearing on consideration of making the following local improvement " J 8514 Sanitary Sewer on the east side of Marion Road from Eastwood Road to 856 feet south . Mr. Vernon Volz of 1248 Marion Road S. E. and wondered when this would be made, and who requested that this be put in. This was petitioned for by the property owners and this would be put in September or October, 1974. Mrs. Nancy Craig of 1250 Marion Road S. E. wished to be heard, and stated 5 out of 6 homes are in favor of this project. Mr. Duane Johnson of 1262 Marion Road S.E. had a question on when this would be put in. Having no one else present that wished to be heard, President.Postie closed the hearing, Kamper moved, Powers seconded to adopt the pre- pared Resolution No. 358 ordering the project to be made. Ayes (5), Nays (0). Motion Carried. Hearing on the petition to annex Lots 24 and 25, North Sunny Slopes 110 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA August 5, 1974 - Regular Adjourned Meeting No. 12 Agenda Item B-3 and to designate the Zoning as an R-Sa District. Having no one pre- sent that wished to be heard, President Postier closed the hearing, Powers moved, Kamper seconded to instruct the City Attorney to pre- pare an ordinance subject to the recommendations of the Planning and Zoning Commission for subsequent adoption. Ayes (5), Nays (0). Motion carried.( Dr. Robert Fontana ). B-4 Hearing on the vacation of that portion of the north 125 feet of the public alley adjoining Lots 4,5,6 and 7, Block 36 Northern Addition to Rochester and which alley lies between llth St. N. E. and 12th Street N. E. ( McDonalds Drive In ). Mr. Philip Hennock owner - operator of the McDonalds Drive In was present to answer any quest- ions that the Council may have of him. Kamper moved, Larson seconded to accept.the recommendation of the Planning and Zoning Commission that this alley be vacated subject to adequate provisions being inade for the utility easements and subject to the owner deeding this property back to the City under lease agreement to be drawn up by the City Attorney. Ayes (5), Nays (0). Motion carried. F-1 An Ordinance annexing to the City of Rochester, Minnesota, certain platted land in North Sunny Slopes Lots 24 and 25 and the north hald of the town road adjoining said lots, according to the plat thereof on file and of record in the office of the Register of Deeds in and for said County ( Dr. Robert Fontana ) was given its first reading. E-4 Powers moved, Kamper seconded,to; remove the appl-ica-ti'on_for ,a;trans- fer:of retail -on and off sale non-intoxicating-:l-iquo`r license to David L. Wojchik of 1318 l/w St. S. E. from Mr. Joe'Suchomel, Jr. for the Pub, 921 5th St. N. W. Ayes (5), Nays (0). Motion carried. Mr. Joe Suchomel, Jr. signed the application stating that he sold the Pub to Mr. David L. Wojchik. Powers moved, Kamper seconded to approve this transfer. Ayes (5), Nays (0). Motion carried. Having no further business, Larson moved, Powers seconded to adjourn the meeting until 7:30 P.M. August 19, 1974. City Clerk Information: 8-5-74 1. Minutes of the Standing Committee 7-8-74 2. Minutes of the Standing Committee 7-29-74 3. Notice of Injury, Brent Fisher and Susan Lereu ( ref: Attorney Insurance, Public Works.) 4. Request to increase Airport Bus Fare ( Ref: Finance Dept. for analysis and recommendation.) 5. Petition against Jim and Joe;s operation (ref: Comm. of Whole). 6. Petition to Establish 7th Avenue N. W. as a one-way street ( Ref to Traffic Engineer for review and recommendation ). 7. Requests for an increase in bus fares and Cable TV were received Agenda Item I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 131 CITY OF ROCHESTER, MINNESOTA August.5, 1974 - Regular Adjourned Meeting No. 12 Information - 8-5-74 - Cont. and referred to the Finance Dept. for review and recommendatior Copies of these requests were previously given to -the Council. 8. Referred to .Planning and Zoning. a. Petition to vacate 5th Street S. E. between Lot 11, Block 33 and Lot 2, Block 40, Morse and Sargeant Add. ( Timothy Farnham ). b. application for a variance at 402 31st St. N. E. ( J.C. Weis) c. application for a variance in the 300 block of 31st St. N. E. ( J.C. Weis ). s