HomeMy WebLinkAbout01-06-1975RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No_ 27 - Janijary 6, 1975
Agenda
Item
A-1 President Postier called the meeting to order at 2:00 P.M., the
following members being present: Aldermen Kamper, Larson, Ludowese,
McNary, Powers and Strain. Absent: None
Strain moved, Kamper seconded to approve the minutes of December
16, 1974. Ayes (7), Nays (0). Motion carried.
C-1 Powers moved,.Larson seconded to approve the reappointments of
the Mayor to the Planning And Zoning Commission: C.A. Armstrong,
310 7th Avenue S. W. and Robert Gill, 2349 Haling Ct. N. W. - term
to expire December 31, 1977, and the new appointment of Mr. Harland
Walker, 1512 8th Avenue'N. E. to replace Mr. Albert Tingley who
resigned because of ill health. Mr. Walker's term will expire
December 31, 1977. Ayes (7), Nays (0). Motion carried.
D-1 Mr. Robert Milam, President of the Chamber of Commerce stated that
one of.the areas that the Chamber works was in the area of Revenue
bonding, and thought it advantageous to have a guide line*set up
for the Council. Mr. Milam introduced Mr. Carl Laumann of 1728
8th St. S. W. who presented the criteria for approving revenue bond
applications. Members of the Committee that set up this criteria are
as follows: Carl Laumann, Chairman, Harold Krieger, Ken McGhie, Harol
Miller, Harold'Payne and Roy Schuette with staff assistance from
Paul Hanson. Mr. Jack*Van Straaten,manager of Dain Kalman and
Quail was present and stated that he would like to see.the City set
up a program for issuing bonds. President Postier stated that the
criteria as set up by the Chamber would be used by the Council.
E-1 Strain moved, Kamper seconded to order a public hearing to be held
at 7:30 P.M., January 20, 1975 for the purpose of explaining the
Community Development Act of 1974 and.the City"s method of obtaining
citizen participation. Ayes (7), Nays (0). Motion carried.
veers moved. Strain seconded to instruct the City Attorney to prepar
resolution to commend Mr. Albert Tingley.for various offices he
ld with the City of Rochester. Ayes (7), Nays (0). Motion carried.
E-2 Larson moved, Powers seconded to adopt the prepared Resolution No.
1-75 awarding the contracts to the following Saxton Construction
Company $159,000 for the General Construction Maass Plumbing and
Heating $30,925 ; and Nietz Electric $12,980 for the Electrical on
construction of the Fire and Crash Building at the Rochester Municipa'
Airport A.D.A.P. 8-27-W084-04, and to authorize and direct the
Mayor and City Clerk to execute State of Minnesota Department of
Aeronautics From 202; and to adopt Resolution No. 2-75 State of
Minnesota From 220 Appointing and designating the Commissioner of
Aeronautics as agent of ":'the City of. Rochester. Ayes (7) , Nays (0) .
Motion carried.
E-3 Larson moved, Strain seconded to adopt the prepared Resolutions
# 3-75; # 4-75 & 5-75 assessing and charging to various lots the
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.� RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 27 - January 6- 1975
Agenda
Item
E-3 the costs of the removal of Snow in the amount of $678.70; Noxious
Weeds $715.00; and Sidewalk Patch Repair $111.34. Ayes (7), Nays
(0). Motion carried.
E-5 Strain moved, Kamper seconded to approve Resolution No. 6-
J5,dQsignating Olmsted_federal _:Savings and=Loan;Roch. -Minn: "as -a
posi tory of the Publ'i.c" Funds of the City of Rochester for" the
term, commenci"ng"with the`fi"rst--day of-"January,1975.arid=-ending:. with =
he`thirty-first day of December; 1975 fiyes (7), Nays {0).-Motion
arr.:ied. _ _,
E-6 -Larson moved, Powers seconded to adopt the prepared Resolution # 7-75
establishing an investment fund and reinvestment of municipal funds.
This would be'a simplification in accounting for the roughly twenty
investment transactions in a month which involves the purchase and
sale of over $60,000,000 in a year's time. Ayes (7), Nays (0).
Motion carried.
E-8 McNary moved, Kamper seconded to approve the land exchange at Starr
Judd Park. This is out in Country Club Manor , and the City is inter•
ested in this Park and is interested in expanding and exchanging
land with Mr. and Mrs Arntson. Mr. Arntson owns land that adjoins
the Park. As shown on the attached drawing, A and B will be exchanged
for Mr. Arntson's C. Ayes (7), Nays (0). Motion carried.
E-9 Powers moved, Strain seconded to approve the application for
approval of the preliminary Plat of Meadow Park Eleventh Subdivision
subject to the three conditions 1. Correct legal discrepancy on
the plat to agree with plat dimensions. ( Note circled error on plat)
2. File a letter with the Planning Department certifying the R-1
Zoning Classification. 3. Provide a 10 foot landscaped buffer strip
in the rear yard to separate the Railroad tracks from the westerly
lots. Ayes (7), Nays (0). Motion carried.
E-10 Powers moved, Larson seconded that the appointments of members on
the Committee on Urban Environment be =changed,;to permit appointments
on an at large basis, but that each alderman would make an appointmen
and that current vacancies be filled as soon as possible, and that
the City Attorney be instructed to prepare an amendment to Ordinance
No. 1464 that can be adopted. Ayes (6), Nays (1). Alderman Ludowese
voting Nay. Motion carried.
E-11 Larson moved, Powers seconded to grant approval of a Planned Unit
Development ( Preliminary Plan ) amendment to the Meadows Apartments
and instruct the City Attorney to prepare a resolution amending the
plan. Ayes (7), Nays (0). Motion carried.
E-12 Strain moved, Larson seconded to grant approval of the application
for approval of a Planned Unit Development ( Preliminary Plan )
amendment to Green Meadows Phas II, located by Salem Road subject
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned meeting No. 27 - January 6, 1975,
Agenda
Item
E-12 to the two .following conditions: 1.. That driveways are constructed t,
a minimum width of 24 feet .instead of 22 feet as shown, and 2.
That a watermain easement.be provided for.the Cul-de-sac portion of
the road. This can be done by a blanket easement on the plat.
Ayes (7), Nays (0). Motion carried.
E-13 McNary moved, Kamper seconded to.approve the low bid of Fraser
Construction Company in the amount of $55,301.65 on Project 6314-3-66
J 8453 Improvements on 14th Avenue S. W. between 2nd St. S. W. and
St. Mary's entrance. Mr. Ed Moline, Finance Director stated that
the appropriated amount in Revenue sharing ,in 1974 was $38,000. to
fund this project. St. Mary's.share would be $8,950, which would
bring this total to $46,950. Mr. Moline suggested that the remaining
money needed should come from the.contingency fund. Alderman
McNary included that in his motion to take the balance needed for
this project to be taken out of the 1974 contingency fund. Ayes
(5) Nays (1). Alderman Strain voted nay, Alderman Ludowese abstained.
Motion carried.
E-14 McNary moved, Powers seconded to adopt the prepared Resolution No.
9-75 authorizing the City Clerk .to advertise for bids on Tree
Planting in Downtown Rochester to be opened on January 29, 1975 at
11:00 A.M. Ayes (7), Nays (0). Motion Carried.
E-15 Strain moved, Ludowese seconded to adopt the prepared Resoltuions
No. 10-75 authorizing technical and..Engineering assistance agreement
and authorizing Engineering assistance by M.H.D. to the City of
Rochester for 1975, and No. 11-75.adopting the agency contract agree-
ment with M.H.D. designating M.H.D. as agent.for the City on Federal
Aid Projects. Ayes (7), Nays (0). Motion carried.
E-16 Ludowese moved,.Strain seconded to.designate North -South Alley
mear Methodist Hospital as One -Way and instruct the City Attorney
to prepare a resolution establishing Subsection (6) of Section 6,
to read as follows.: (6) The alley between Second Avenue Northwest
and Third Avenue Northwest from West Center Street'to First Street
Northwest, One-way for northbound traffic. Ayes (7), Nays (0).
Motion Carried.
E-17 McNary moved, Powers seconded to Phohibit parking on the West side
of 14th Avenue S. W. between 2nd St. and 7th.Street., This was
requested by.petition, and instruct the City Attorney to prepare a
resolution on the following:
(1) Amend Subsection (208) of Section B to read as follows:
14th Avenue S. W. on the west side of the street from
Second Street to Seventh Street at all times.
(2) Delete Subsection (209) of Section B.
Ayes (7), Nays(0). Motion carried.
E-18 Ludowese moved, Powers seconded to approve a payment of $57.50
for a claim submitted by Mrs. Helen Polipnick of 1408 9th St. N. E.
210 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned meeting No. 27 - January 6, 1975
for a plumbers service call. The cause of the sanitary sewer back
up was rags and sticks blocking the main sewer; and Another claim
submitted by Mrs. Edward Nelson of 1402 9th St. N. E. for $227.01
for the same damages as above. The main sewer back-up was not cau
by negligence on the City's part. Upon roll call vote, Aldermen
Kamper, Larson, McNary, Strain, and President Postier voted Nay
and Aldermen Ludowese and Powers voted aye (2). Motion did not
carry and the payment of the claims were denied.
Kamper moved, Powers seconded to approve the Supplemental P
No. 1 to Maintenance Agreement No. 1686 between the State c
and the City of Rochester and authorize the Mayor and the C
to execute the Supplemental Agreement. Ayes (7), Nays (0).
carried. Resolution No. 11 was adopted.
An Ordinance adopting the Minnesota State Building Code and establish
ing building permit fees.. This ordinance was given its second readin
but adoption was withheld pending review of the proposed increase
with the builders. The present total residential fees are $42.50
The Building and Safety Department originally proposed an increase
in residential fees to a total of $58.00; however, after conducting
a survey of building permit fees charged by other municipalities,
the Building and Safety Department is suggesting an increase to a
total of $80.25 These fees are computed on a residential home valued
$30,OOO.Ludowese moved, Strain seconded to adopt the Ordinance Relati
to the Building Code of the City of Rochester; Building Permits and
Fees; enforcement, appeals, and penalties; amending Rochester Code
of Ordinances, Sections 70.010, 70.020, and 70.050 amending the
ordinance to increase the fee for Group A thru_H occupancies for the
valuation of $501.00 to $2,000.00 to $5.00 for the first $500.00 plus
$1.00 for each additional $100.00 or fraction thereof, to and includ-
ing $1,000.00 . Ayes-(6), Nays (0). Motion carried. Alderman Larson
abstained. Motion carried. Ludowese moved, Strain seconded to
adopt the Ordinance as amended ►,61ati ng to `the ,Bui 1 di ng Code of the
City of Rochester; Building Permits an d-Fees; enforcement, appeals
and penalties; amending Rochester Code of Ordinances, Sections
70.010, 70.020 and 70.050. Ayes (6), Nays .(0). Alderman Larson Abstaii
Motion carried.
An Ordinance relating to Zoning and Parking in yards and setback
areas; amending Rochester Code of Ordinances Section 63.205, as
enacted by Ordinance No. 1659 was given its second reading. Strain
moved, Powers seconded to adopt the ordinance as read. Motion
Carried.
An Ordinance Relating to Zoning, Appeals to the Common Council,and
Supervised Living Facilities; amending Rochester Code of Ordinances,
Sections 61.301, 61.302, 61.409; 66.300 (Table 5), 66.309, and
56.310 as enacted by Ordinance No. 1659, and adding Sections •60.4235,
50.4675, 61.4085, 66.319, and 66.320 was given its second reading.
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Agenda
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 21LJL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 27 - January 6, 1975
Ludowese moved, McNary seconded to. adopt the Ordinance as read.
Ayes (7), Nays (0). Motion carried.
Kamper moved, Powers seconded to adopt Resolution No. 12-75 setting
{a date for hearing to be held February 18, 1975 regarding the
vacation of the Public Street and Alley.immediately north of the
YMCA -YWCA property on First Avenue S. W..Ayes (7), Nays (0). Motion
carried.
Larson moved, Strain seconded to.adopt Resolution No.. 13-75 accepting
Watermain Easements granted the City by Radichel Realty and William
.J..and Caroline A. Adamson across a portion of the west half of
the southeast quarter of Section 29 and the west half of the north
east quarter of Section 32, Township 107 North, Range 14 West,
a copy of which is attached as Exhibit A, and across a portion of
Lot 1, Block 1, Pennington Business Park Second Subdivision, a copy
attached as Exhibit B.Ayes (7), Nays (0). Motion carried.
F-1 Ludowese moved, Kampe.r seconded to adopt Resolution No..14-75
accepting Temporary Easement granted..the City by Johnson Drake and
Piper for egress and ingress across a part of Lot 1, Block 2, Country
Club Manor Tenth Sub. Ayes (7), Nays (0). Motion carried.
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Kamper moved, McNary-seconded to adopt.Reso-l.ution No. 15-75 accepting
public street easement granted the City by St.Mary's Hospital across
a portion of Lot 1, Block 3 of Flathers Addition and a portion of the
northeast quarter of the northeast quarter of Section 3,.Township 106
North , Range 14 West as more particularly described therein.
Ayes (7)., Nays (0). Motion carried.
Larson moved, Kamper seconded to adopt Resolution No. 16-75 accepting
Public Street easement granted the City by St. Mary's Hospital
across a portion of Lots 2,3,4,5,6,7 & 9, Block 3 of Flathers Add'n.
Ayes (7), Nays (0).-Motion carried.
Kamper moved, Larson seconded to adopt Resolution No. 17-75 amending
the Parking as follows pursuant to Ordinance No. 871, as follows:
(1) Section E, Passenger Loading Zones, is amended by deleting
paragraphs (14) and (59.5).
(2) Section D, Truck Loading Zones, is amended by adding a new
paragraph (34) to read as follows: .
(34) Seventh Street Northeast on the north side of the street
30 feet more or less in front.of the premises -known as 23 Seventh
Street Northeast, Rochester Computer Services.
(3) Section B, No Parking Zones is amended by adding a new para-
graph (18) to: read as follows:
(18) On botfi'�sides of the north -south alley which lies east of Broad-
way from Third.Street Southeast to a point 150 feet more or less sout
(4) Section D, Truck Loading Zones is amended by deleting paragraph
(8). Ayes (7), Nays (0). Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular A 'ourned Council Meeting Nn_ 27 - January 6-1 19-75
Agenda
Item
E-=V Kamper moved, Larson seconded to approve the semi=monthly bills
( List attached) in the amount of $461,842.49. Ayes (7), Nays (0).
Motion carried.
McNary moved, Powers seconded to adjourn the meeting until 7:30 P.M.
Ayes (7), Nays (0). Motion carried.
President Postier called the meeting to order at 7:30 P.M., the
following members being present: President Postier, Aldermen Kamper,
Larson, Ludowese, McNary, Powers and Strain. Absent: None.
B-1 A Hearing on the Petition for a change in the Zoning Districting on
Lot Four, Block One, D.P. Madden's Addition, from an R-1 District
to A B-lb District. Mr. Vince Majerus of 1224 North Broadway wished
to be heard and stated that he would like to zone change to provide
additional parking for his commercial establishment - Kentucky Fried
Chicken located on 12th St. S. E. and that his seating capacity is
12 at the present time and that he would not increase this number.
He wants this strickly for parking. No one 61se in the audience
wished to be heard, but a petition with approximately 40 names was
presented to the Common Council, and these were in protest to the
zone change. A letter was received by President Postier from
Loren Stoffer of 1143 8th Avenue S. E. and stated he protested to
this change. McNary moved, Strain seconded a motion to deny the
petition for the zone change. Upon roll call vote, Aldermen Larson,
McNary and Strain voted aye (3), and Aldermen Kamper, Ludowese, Power
and President Postier voted nay (4). Because a 5/7 vote is necessary
Powers moved, Kamper seconded to approve the zone change. Upon roll
call vote, Aldermen Kamper, Ludowese, Powers and President Postier
voted aye (4), and Aldermen Larson, McNary and Strain voted nay (3).
Motion not carried, and the Zoning District .remained the same.
B-2 Hearing on the Proposal to designate E-W Alley North of St. Mary's
as a One -Way Eastbound. No one in the audience wished to be heard,
President Postier closed the hearing. Mr. Jack Dolan, Traffic Engine)
received two letters from -citizens, and were in favor of the one-way
, but wanted them to be one-way westbound. Mr. Dolan stated he still
recommended it to be one-way east=bound. Powers moved, Kamper
seconded to instruct the City Attorney to prepare a Resolution
establishing Subsection (7), of Section G to read as follows:
(7) The alley between Second Street Southwest and First Street
Southwest from Twelfth Avenue to Eleventh Ave. S. W., one way for
eastbound traffic. Ayes (7), Nays (0). Motion carried.
E-4 Powers moved, Kamper seconded to approve the renewal of applications
for licenses for the following: Thirty-five taxicabs for Rochester
Yellow Cab Corporation; Eighteen taxicabs for ROBACO ( Blue and
White Cab`s. The following Sauna and Massage parlors: Velvet Touch
for Massage only 621 North Broadway; Sha-Ron Sauna 15 4th St. S. W.;
and Carol's Sauna and Massage,Holiday Inn Downtown. Ayes (7), Nays
(0). Motion, carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 213
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CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting # 27 - January 6, 1975
Agenda
Item
E-4 Mr. Mike Livingston of St. Cloud , Minnesota wished to be heard
regarding the application for Imperial ( formerly E1 Cid ). Mr.
Livingston stated that because there was a change.in managers, he
did not receive the application until Jan. 6, 1975 and did not
have time to. have it completed. He asked the Council if they would
grant him the license with the stipulation that he complete the
application, have the department heads involved sign, and return it
to the City Clerk the next day. Strain -moved, Larson seconded that
this request be granted, but that the City Attorney .and the City
Administrator review the application before the license was granted.
Ayes (7), Nays -(0). Motion carried.
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Mr. Leon Murray, owner of Ann Murray's Massage parlor also stated tha
because of.a change of owners, they did not receive the application.
At this time they had no manager, and it was agreed by the Council th
when they got a manager and the application filled out, they should
submit the application at that time.
Kamper moved, Ludowese seconded to adopt Resolution No. 18-75 giving
preliminary approval to project under the Municipal Industrial
Development Act, referring the proposal to the Commission of Economic
Development for approval, and authorizing,preparation of necessary
documents. Ayes (6), Nays (1).Alderman McNary voting nay. Motion
carried.
Stra,i.n moved, Ludowese seconded to adopt Resolution.No. 19-75 accepti
the grant of a permanent utility easement dated December 23, 1974
pertaining to a portion of Lot 2, Block 1, Pennington-Business'Park.
Ayes (7), Nays (0). Motion carried.
Larson moved, Powers seconded to adopt Resolution No. 20-75 accepting
Public Street easement by Lucas C. and Thelma R. Green to the City
of Rochester located on North Broadway and B & F Distributing , Inc.
across a portion of Lots 5 and 6, Block 21, Northern Addition to the
City of Rochester. Ayes (7), Nays (0). Motion carried.
Ludowese moved; Strain seconded to adopt Resolution No. 21-75
authorizing exchange of land between Bruce M. AND Donna Lou Artnson
and the City of Rochester on Lots 8 & 9, Block 1,- Country Club
Manor Eighth Subdivision. Ayes (7), Nays (0). Motion carried.
Larson moved, Ludowese seconded.to adopt a Resolution No. 22-75
approving a resolution of the Public Utility.Board establishing
salaries and fringe benefits for positions under the jurisdiction
of the Public Utility Board. Ayes (7), Nays (0). Motion carried.
Mr. Swanson stated that on the Ordinance read regarding the Building
Code of the City of Rochester; Building Permits and Fees; enforcement
appeals and penalties; amending Rochester Code of Ordinances, Section!
70.010, 70.020,.and 70.050, the change concerning the fee increase
Agenda
Item
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adinurnind NLetinq No 27, January 6, 1975
from $1.00 to $1.50 was mis-stated this was stated that it,had-to
do with occupancy A-H and that was incorrect. Those fees stay the
same as presented to the Council. The change occurs in occupancy
I-J and those are the residential.occupancies and the fee increase
there is to change the rate from $1.00 to $1.50 .for each additional
$1,000. over the first $1,000. This is hereby clarified for the
record.
Strain moved, Kamper seconded to approve Resolution 6-75A Designatin
Marquette Bank -and Trust Company, First National Bank, Northwestern
National Bank and Rochester Bank and Trust Company as depositories
of the Public Funds of the City of Rochester, and Resolution 6-75B
authorizing First National Bank, Northwestern National Bank, Marquette
Bank and Trust Company, Rochester Bank and Trust Company and Olmsted
Federal Savings and Loan to Honor checks, drafts or other order for
payment of money drawn on public funds that bear,;the facsimile
signature of Alex P. Smekta, Mayor of the City of Rochester and
Edward J. Moline, Treasurer of the City of Rochester. Ayes (7),
Nays (0). Motion carried.
Strain moved, Powers seconded to adopt the prepared Resolution
No. 23-75 approving the agreement between the City and Rochester
Inspectors' Association pertaining to the terms and conditions of
employment of certain employees within the Building and Safety
Department for the calendar year 1975 and from year to year
thereafter, subject to modification or termination according to its
terms, is hereby approved and the Mayor and City Clerk are authorized
and directed to sign said agreement on behalf of the City. Ayes (7),
Nays (0). Motion carried.
Having for further business, Strain moved, Larson seconded to adjourn
the Meeting until 7:30 P.M. Jan. 20, 1975. Ayes (7), Nays (0).
Motion carried.
ty Cler
Information: 1-6-75
1. Minutes of the Standing Committee - 12-9-74
2. Minutes of the Standing Committee - 12-16-74
3. Minutes of the Standing -'.Committee - 12-23-74
4. Claim for Injury - Doris Luebke, 1860 16th Avenue N. W. ( Referre
to Attorney, Insurance, and Public Services)
5. Paul 0. Moore & Southwestern Land Corporation have filed suit
against the City for $165,853.32 concerning the construction of
9th St. S. E.
6. Petition to vacate a portion of 23rd Street N. W. ( G.F. Business
Equipment, Inc.).
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