HomeMy WebLinkAbout06-03-1968Record of Official Proceedings of
the Common Council
of the City of Rochester, Minn.,.,
June 3, 1968
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Minutes of a regular.meeting of. the Common Council of the City of Rochester,
Minnesota, held in the Council Chambers in the City Hal_l,,in said City, on June 3, 1968.
President DeVries called the meeting to order at 2:00 o'clock.P..M., the
following members being present: President DeVries, Aldermen Day, Ellison, Folkert,
Larson, Perry, Postier. Absent: None.
i! Upon motion by Day, second by Postier, and all voting in_favor, the minutes
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of the meeting of May 20, 1968 were approved.
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Bids were opened on the following nine projects at 11:00 A. M. this
�I morning and the following is a tabulation of the bids received; where only one bid was
received it.was not opened: "
1. Sidewalk approaches to Mayo High School - Part 1-1968; only one bid was received (Phil
I� Ryan Cement Contractor).
1i 2. Sidewalk approaches to Mayo High School - Part 2-1968; only one bid was received (Phil
Ryan Cement Contractor).
11 3. Bids for sidewalk approaches to Winston Churchill School - Part 1-1968; no bids were
received.
4. Sidewalk approaches to Winston Churchill School - Part 2-1968; only one bid was
received(Phil Ryan Cement Contractor).
ii 5. Sidewalk approaches to Sunset Terrace School - Part 1-1968; no bids were received.
it 6. Sidewalk approaches to Sunset Terrace School - Part 2-1968; only one bid was
received (Phil Ryan Cement Contractor).
7. Sidewalk approaches to Robert Gage School - 1968; only one bid was received (Phil
Ryan Cement Contractor).
8. Watermain extension in East Frontage Road T. H. 52-14 from 11k Street S. W. to 14th
Avenue S. W. (Olson's Subdivision). Bids of Riverside Sand & Gravel Co. - $12,506.50,
Carlisle G. Fraser, Inc. - $12,852.45 and Littrup Nielson, Inc. $13,512.00 were
received and opened.
9. Storm sewer, sanitary sewer and water -main in 5th Avenue S.E. from 5th Street S.-E. to
131 feet north; in 5th Street S. E. from 5th to 7th Avenue S. E.; in 6th Avenue S. E.
from-6th Street S. E. north to Bear Creek; in 7th Avenue S. E. from 7th Street S.E. to
north to 5th Street S. E. and in 8th Avenue S. E. (water main only) from 6th to 5th
Street S. E. Bids of Carlisle G. Fraser, Inc. - $30,706:25; Riverside Sand and
Gravel Inc. - $32,815.60 and Littrup Nielson, Inc. - $40,910.50 were received and
opened.
Upon motion by Perry, second by Folkert, and all voting in favor, the above.bids were
referred to the Public Works Committee for recommendation.
President DeVries then called for a vote on the resolution adopted by the
Common Council on May 6, 1968 authorizing and directing the Mayor and City Clerk to execute
on behalf of the City of Rochester the contract with Gold Cross Ambulance Service, Inc.
relative to the provision of emertency ambulance service for the City of Rochester, which
ii was vetoed by the Mayor on May 10, 1968. A letter from Robert Martin commending the Council
.I in their action taken on this matter was read and ordered placed on file. Alderman Postier i
j again stated that.he did not think the City should subsidize one company against the other,
he said he had not seen the rate schedule and had not received an auditors report by a
j CPA as requested, he said he had been told it would cost about $300.00 to do this and thought
j it would be worthwhile (Alderman Ellison said it would cost $300.00 to go through tie slips
ji along and a complete audit would be about $700-$1000); Postier said he did not think that
it $700 compared to a $100,000 operation was bad; he then inquired if the Police Department
would give all.the emergency calls to Gold Cross if this contract was approved. James J.
Macken, Jr., Chief of Police, stated that the City Had other contracts and they always
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called the contracted service and he felt if the City contracted for this service they
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Record of Official Proceedings of the- Common Council
of the City of Rochester, Minn., June 3, 1968
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would-be obligated to call them, however, whatever the Council wished they would coo. R. V.
Ehrick, City Attorney,.saidthere was nothing in the contract that would require the City
every time an emergency call is processed through the Police Department to call Gold Cross,
they could call other services available, he said if the Common Council wanted to instruct thel
Chief of Police as to policy, now would be the time to do so, there would be no conflict with
the contract; Mr. Ehrick also said he wanted the Common Council to know that the contract
calls for a review of the situation as soon as 6 months operating figures are available, it is�
a one year contract but it will be reviewed as soon as figures are available. Alderman Day
stated that at the last meeting he had asked for a CPA statement for the Common Council to
study at or before this meeting and at that time had stated that he could understand and would)
be in favor of the contract for the ambulance service but -thought it was only fair to.the
taxpayers that we should have certified figures, this has become more and more evident, in the
last few months he has looked at 4 or 5 different figures, the latest was that the CPA was
but
there/would not certify what he was saying and he said he would still like to have a CPA
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statement and could not vote for it unless he had it; he said he was in favor of the contract
but thought we should have the exact figures, an example is the breakdown of salaries - one
place it showed a payroll of $40,000 and another place $20,000; he said he could not vote for
it unless a CPA audit was presented. Alderman Larson stated it was his opinion that Gold
Cross did not have records that could be certified as such, no accountant will go in and take
a set of figures after anyone has had an opportunity to take just certain figures and he
thought it would be impossible to ask for a certified account of these. President DeVries
said he could not say what figure was right and there was still a question in his mind as to
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how much should be paid for this service but felt that a year from now it would be known better
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what the service is worth. Mayor Smekta questioned how much insurance was required by Gold
Cross and was told by R. V. Ehrick that he had incorporated a paragrpah in the contract which
called for not less than $100,000/$300;000 in respect to bodily injury and $25,000 for
property damage and were also required to furnish a bond in the sum of $5,000 guaranteeing
performance of this contract in accordance with its terms. Upon roll call, Ellison, Folkert,'
Larson, Perry and DeVries voting "Aye" and Day and Postier voting "nay", President DeVries
declared the resolution -adopted and the -Mayor and City Clerk instructed to execute the contract
A letter from,Viktor 0. Wilson, M:D., City Health -Officer, requesting the appoint-
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ment of Mr. Richard Devlin of 1309 4th•Avenue Southwest as Business Manager of the Department
of Public Health and Welfare, was read. Upon motion by Perry, second by Postier, and all I'
voting in favor, the appointment was approved.
A letter from Viktor 0. Wilson, M:D., City Health Officer, requesting approval of
the appointment -of Miss Maureen Cotter of 110 Eleventh Avenue Southwest as a staff public
health nurse, effective May 20, 19681 was -read. Upon -motion by Folkert, second by Larson, and!'
all voting in favor, the appointment was approved. !
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A letter from the -Personnel Advisory Committee recommending that the position of
business manager of the Health Department be established at grade 20, was read and upon motionl11
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CD-78920
by,Postier,.second by Folkert, and all voting in favor, the recommendation was approved.
'! A letter from the Personnel Advisory Committee recommending.the position of
Assistant Treasurer be terminated and those official duties presently delegated to this
(!position be given to the accountant in the finance department, that the position of program-
mer -computer operator be established in the finance department at grade 6 and that the
position of junior accountant be established in the finance department at grade 6, was read.
Upon motion by Ellison, second by Perry, and all voting in favor, the recommendation was
approved.
A letter from the Firemen's Civil Service Commission submitting the three
following names for the position of one firefighter on the Rochester Fire Department, was read:
Elmer E. LaBrash of 409 20th Ave. S.W., Robert H. Richards of 802 4th Street S.E. and Alfred
M. Kallestad of 2019 Valley High Drive. Upon.motion by Ellison, second by Larson, Elmer E.
LaBrash (top name on the list) was appointed as fireman; all voted in favor.
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A letter from Roy E. Ritts, Jr. requesting that his property Lots 7 and 8,
'Olson's Subdivision be deleted from the present project running the water line down the
westerly boundary of their property to connect to the present water line at llk Street S.W.,
,was read and upon motion by Postier, second by Folkert, and all voting in favor, the letter
';was referred to the Public Works Committee.
i! The following letter from the Mayor's Parking & Traffic Committee was. read
,,and upon motion by Day, second by Folkert, and all voting in favor, the letter was referred
to the Public Works Committee:
"Mayor Alex Smekta and
Members of the Common Council
City of Rochester
Rochester, Minnesota 55901
Gentlemen:
The Mayor's Parking and Traffic Committee has spent considerable
time reviewing a permanent street improvement program first proposed on
July 28, 1965. An annual funding of this program is now possible because
of Charter amendments passed in 1967. The purpose of this communication is
to invite your attention to those projects originally proposed in 1965 that
have not been programmed as of this date and to set a tentative priority on
them as follows:
Priority
1. 6 Street S.W. from 4 Ave. to 7 Ave. S.W.
2. WestCenter St. from 7 Ave. S.W. to 16 Ave. S.W.
3. Valley High Drive from 21 Ave. N.W. to 19 St. N.W.
4. 6 St. S.E. from 3 Ave. S.E. to 13 Ave. S.E.
5. 3 Ave. N.W. from 14 St. N.W. to Elton Hills Drive N.W.
6. 4 Ave. N.W. from 7 St. N.W. to 14 St. N.W.
7. 11 Ave. N.W. diagonal from 11 Ave. N.W. to Highway 52
8. 11 Ave. S.E. from 4 St. S.E. to 12 St. S.E.
Original priorities 1 (East Center St.) and 2 (2 St. S.W. have been
programmed. We are suggesting deferment on the following original
priority °improvements:
3. 7 St. N.W. from TH;52 to Country Club Manor until Rotops Study
is completed.
.5. 9k St. S.E. from So. Broadway to 3 Ave. S.E. until use of Graham
Property is determined. Consider the possibility of improving 9k St. from
Broadway to 1 Ave. and splitting traffic there East on 10 St. to 3 Ave. and
West on 9� St. from 3 Ave. to 1 Ave.
9. 10 St. S.E. from 3 Ave. S.E. to old TH 20 - Doesn't appear to be
too much demand for this improvement.
The 1957 Bond Issue still has funds for the following improvements which
should also be programmed:
1. 2 Ave. N.E. from 2 St. to 7 St. N.E. when Utility building
addition is completed and urban renewal planned.
2. 11 Ave. S.W. & N.W. from 2 St. S.W. to 2 St. N.W.
3. 3 Ave. S.W. & N.W. from 6 St. on So. to 2 St. on No.
4. 4 Ave. N.W. from 2 St. to Center St.
/s Stanley F. Drips, Chairman"
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A letter signed by Richard J. Hesse, Colonel Corps of Engineers, stating that they
wer initiating, on a trial basis, a general distribution of their quarterly survey status
reports, was read and upon motion by Folkert, second by Larson, and all voting in favor,
the letter was referred to the Public Works Committee.
Notice of claim for damages to the premises at 307 East Center Street of Robert L.
Sheridan and James D. Berglund was read and upon motion by Postier, second by Ellison, and
.all voting in favor, the claim was referred to the City Attorney.
The five following resolutions adopted by the Public Utility Board were each read
and upon motion by Perry, second.by Ellison, and all voting in favor, the said resolutions
were each approved. (a) resolution requesting authorization to enter into a license
agreement with the Chicago and Northwestern Railway Company to construct, maintain and use
a coal hopper and sewer line under track operated over by the Railway Company at.Rochester,
Minnesota (b) resolution requesting authorization to enter into an agreement with Chicago
and North Western Railway Company for a private roadway crossing upon and across the
Railway Company's track and right of way. at Rochester, Minnesota (c) resolution requesting
approval of a change order to the contract with Adolfson and Peterson, Inc. for extensions
to Silver Lake Plant, Section VII Power Plant Building Addition (decrease contract $11,000)
(d) requesting execution of highway easement to allow County of Olmsted to replace fences
along right of way and (e) requesting permission to purchase $150,000 Federal Intermediate
Credit Banks Consolidated Debentures maturing March 3, 1969 and bearing interest at the
rate of 6.45 per cent per annum.
The City Engineer's preliminary estimate for construction of water main extension
in East Frontage Rd. T. H. 52-14 from 11k Street S. W. to 14th Avenue S.W. (Olson's Sub.)
in the amount of $12,401.20; storm sewer, sanitary sewer and water main in 5th Ave. S.E.
from 5th St. S.E. to 131 feet north, in 5th St. S.E*. from 5th to 7th Ave. S.E., in6th
Ave. S.E. from 6th St. S.E. north to Bear Creek, in 7th Avenue S.E. from 6th St. S.E.
north to 5th St. S.E. and in 8th Ave. S.E. (watermain only) from 6th to 5th St. S.E. in t
amount of $49,486.70; sidewalk approaches to Mayo High School, Part 1-1968 in the amount
of $4,280.55; sidewalk approaches to Mayo High School, Part 2-1968 in the amount of
$8,574.20; sidewalk approaches to Winston Churchill School, Part 1-1968 in the amount of
$6,332.50; sidewalk approaches to Winston Churchill School, Part 2-1968 in the amount of
$10,670.90; sidewalk approaches to Sunset Terrace School, Part 1-1968 in the amount of
$8,781.80;-sidewalk approaches to Sunset Terrace School, Part 2-1968 in the amount of �I
$9,759.50 and sidewalk approaches to Robert Gage School, 1968 in the amount of $4,976.95 4
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were each read and President DeVries ordered the same placed on file. j
Petition signed by The Kruse Company to vacate the utility easement between Lots
1 and 2, Block 1, Folwell Heights Fourth Subdivision was read and upon motion by Folkert,
second by Ellison, and all voting in favor, the petition was referred to the Planning &
Zoning Commission.
Application of The.Kruse Company for waiver of compliance with the subdivision
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Ordinance to
grant approval of the conveyance of property
by metes and bounds description
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(part of Lot
2, Block 1, Folwell Heights'4th Subdivision)
was read and upon motion by
Folkert, second by Ellison, and all voting in favor, the same, was referred to the Planning
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and Zoning Commission.
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A letter signed by Albert Canfield from
Olympia, Washington regarding
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fare
to 'and from the Rochester Airport was read and upon motion by Ellison, second
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by Larson, and all voting -in favor, the letter was referred to the Public Safety Committee.
A letter from the Robert Gage PTA requesting crosswalks painted and
Ilprovide a crossing guard at 40th Street and 18th Avenue N. W. and that signs be erected at
ii18th Avenue saying "School Zone Drive Carefully" was read and upon motion by Postier,
jsecond by Day, and all voting in favor, the letter was referred to the Public Safety
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i'Committee.
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II A letter from the Sheet Metal Workers International Association, Local 218
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!I of Rochester stating that men are working in the city at the trade of installing heating,
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',ventilating and air cooling equipment service systems who have not purchased a Journeyman
Installers License or a certificate of competency card, which is required under the new City
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,of Rochester Heating Code, was read and upon motion by Ellison, second by Folkert, and all
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!I voting in favor, the letter was referred to the Public Works Committee.
�I A letter from Dr. and Mrs.P. E. Herman of 528 21st Street N. E. stating
that they approved of construction of sidewalks on Northen Heights to insure more safety for
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Itheir children walking to their new school was read and ordered placed on file. .
A letter from the Citizens Advisory Committee to the Housing and Redevelop-
ment Authority stating that they had -spent considerable time studying the various methods*of
financing Rochester's Menewal Project and in general principle would like to express their
approval of the following methods of financing the project, was read: (1)-issue of increment
bonds -which would be paid off through the reservation of the excess taxes collected.in.the
ftewal•Area. (excess being the differential between,what taxes were the year prior to
execution of the project versus taxes collected after execution). (2) through the Capital
Improvements Program - Some Capital Improvements which would be necessary whether or not
the project is executed, can be justified and (3) through revenue bonds issued to construct
a revenue producing facility. President DeVries ordered the letter placed on file..
Alderman Day suggested that the Common Council start having weekly
meetings with the Housing and Redevelopment Authority and try to hurry things along., this
�Ithing is tied up down town as far as remodeling and planning is concerned; he said he thought
lithe Council should be,brought up to date and maybe even cut the plan down to 1k blocks and
;,get it started, it could be started with the Norton Hotel Building in the 200 block on 2nd
Avenue S. E., but felt something should be done as soon as possible. President DeVries
.'said he did not think one small part of the project could be considered, that it would
,have to the whole plan; a portion of the report is expected by June 12t1vand he thought
(meetings should be held after the report is received and reviewed.
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Alderman Postier
Record of Official Proceedings of the--Comm-on Council
• of the City of Rochester, Minn., June 3, 1968
IIinquired if any report had been received from the Attorney General in regard to the petition
with about 900 signatures requesting a referendum vote on the question. R. V. Ehrick, City
Attorney, reported that he had again called the office of the Attorney General and anticipated
an answer within the week.
A motion was made by Alderman Perry,.second by Alderman Larson, that the matter of 1
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reviewing the overall zoning of the property adjacent to Mirace Mile, 2nd Street N. W. to the
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park area, be referred to the Planning & Zoning Commission for review and recommendation; all
voted in favor.
Upon motion by Perry, second by Larson, and all voting in favor, the meeting was
recessed.at 3:30 P. M. President DeVries called the meeting to order again at 3:50 P. M. with
all members being present.
The recommendation of the Planning and Zoning Commission stating that they had I)
reviewed the application to vary the rear yard requirements of the R-1 District as they apply
to Lot 14, Block 2, Northern Heights 3rd Subdivision and find that the existing house is
built out to the limits of the required rear yard and that the owners are not deprived of the
substantial and reasonable use of this property, and are unable to make sufficient findings
of fact to satisfy the requirements of the ordinance to warrant the granting of a variance and4
therefore recommend that this application be denied, was read. Alderman Larson reported that
the owner said he had not received a notice of the hearing and therefore did not appear at then
meeting but at present is not protesting the denial. Upon motion by Ellison, second by Larson;
and all voting in favor, the recommendation was accepted and the variance denied.
The recommendation of the Planning and Zoning Commission stating that they had
reviewed the petition to annex to the City of Rochester Lot,6, Block 21,:Golden Hill Addition
and find that the property is adjacent to the city limits and is situated in an area that is
primarily urban incharacter and from this standpoint, they feel that this property should
logically be made a part of the City of Rochester, however,, the Rochester Town Board has filed
an objection to this annexation and the City can take no further action; they recommend that
City indicate its willingness to have this property annexed to the City if the Minnesota
Municipal Commission were to issue such an order, was read. Upon motion by Postier, second byI
Ellison, and all voting in favor, the recommendation was accepted and the City Clerk was
instructed to write to the Municipal Commission advising them that the City was in favor of the
annexation. I
The recommendation of the Planning and Zoning Commission stating that they had
reviewed the petition to change the zoning districting on Outlot "A" of Meadow Park Fifth
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Subdivision from the R-1 District to the R-3 District and recommending that this petition be �I
granted approval, was read. Upon motion by Ellison, second by Perry, and all voting in favor
except Larson who "abstained", the recommendation was accepted and a hearing on the.proposed Ij
zone change was set for 7:30 o'clock P. M. on July 1, 1968. jI
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The recommendation of the Planning and Zoning Commission stating that they had
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., June 3, 1968 .
CD-78920
considered the
application for final approval of the plat of Valleyhigh
Second Subdivision
and recommend
that this plat be granted final approval and that there be
no exceptions made
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as to the need
for public sidewalks in this plat, was read. Upon motion
by Folkert, second
by Larson, and
all voting in favor, the recommendation was accepted.and
a hearing on approval
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of the final plat was set for 7:30 o'clock P.:M. on June 17, 1968.
The recommendation of the Planning and Zoning Commission stating that they
had reviewed the petition to annex to the City of Rochester the property to be known as
Rochester State Junior College Apartments and recommend that this petition be granted approval,
was read. Upon motion by Day, second by Ellison, and all voting in favor, the 1-xecommendation
was accepted and the City Attorney was instructed to prepare the necessary.ordinance. (Mr.
Robert Springer was present and stated that he did not want it annexed unless the zone
change was approved).
The recommendation of the Planning and Zoning Commission stating that they
had initiated change of zoning districting on Lot 56, North Sunny Slopes from the R-1 District
to the R-Sa District, they found that this area is composed of larger single dwellings
situated on large lots and Lot 56 was just recenity annexted to the City and automatically
placed in the R-1 District, the existing character of development in this area is. of the
type permitted in the R-Sa District and all other property in this area that is now in the
City is zoned an R-Sa District and therefore, they recommend that the zoning districting
on Lot 56, North Sunny Slopes be changed from the R-1 District to the R-Sa District including
the abutting.half street rights -of -way, was read. Upon motion by Ellison, second by Folkert,
and all voting in favor, the recommendation was accepted and a hearing on the proposed zone
change Was set for 7:30 o'clock'P. M. on July 1, 1968.
The recommendation of the Planning and Zoning Commission stating that they
had reviewed the application to vary the provisions of the Zoning Ordinance to permit the
construction of an addition to the.shop portion of the Park and Recreation building located
in Map Park and find that the present building is located in an R-4 District which does not
permit outright the use of such property for a shop or garage facility and that the building
is located on a large public park site and is remote from any existing development and as
such it should not be detrimental to any nearby uses; they also feel that this request does
not fulfill the standards laid down for a vatiance in the Zoning Ordinance, there is.a
provision, however, in Paragraph 61.031 that allows for a special exception to the.Zoning
ordinance and feel that the proper application would be to make a "Special Exception" to
permit the construction of the planned facility and threfore recommend that a "special
exception" be granted. in this case, was read. A motion was made by Day, second by Ellison,
and all voting in favor, that the recommendation be not accepted and the special exception
be denied. A motion was then made by Day, second by Perry, that the City Attorney and the
Planning Director define an area around the city bdild.ings to be rezoned as a B-lb area or
whatever is compatible to build the garage and this area be referred to the Planning and
Zoning Commission for review and a hearing on the proposed zoning be set for 7:30 o'clock
P. M. on July 1, 1968.
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The recommendation of the Planning and Zoning - Commission that they had reviewed
the petition to change the zoning districting on property located at 509 - 4th Avenue N.W.
from the R-2 District to the M-1 District and find that this property is bounded by an M-1
District on the south and the land use plan indicates this are being best suited for
industrial use, based on these findings, they recommend that the petition be granted
approval, was -read. Upon motion by Ellison, second by Day, and all voting in favor, the
recommendation was accepted and a hearing on the proposed zone change was set for 7:30
o'clock P. M. on July 1, 1968.
The recommendation of the Planning and Zoning Commission stating that they had
reviewed the.petition to change the zoning districting on property to be known as Rochestet
State Junior College Apartments from the R-1 District to the R-4 and B-3 District and find
that this area would be an extension to the east of existing and planned multi -family
use and it has good access to the major street system, and find that there is a need for
housing for Junior College - Students and this development would handle this need, the
planned commercial development will provide convenience in shopping, relaxation and
recreation facilities for the students residing in this area, so they recommend that this
petition for a zone change be approved, was read. -Upon motion by Ellison, second by
Folkert, and all voting -in favor, the recommendation was tabled until the land has.been
annexed.
The recommendation of the Planning and Zoning Commission stating that they had
reviewed the application for approval of the final plat of Rocky Creek First Subdivision
(revised) and find that this plat conforms to the minimum requirements for subdivision of
land within the City and is in accord with the preliminary plat; they recommend that this
plat, as revised, and agreed to by the owner, be granted approval and that there be no
exceptions made as to the need for public sidewalks in this plat; they also recommend
that the City of Rochester accept for public street purposes the 66.ft. of land between
this subdivision and U. S. 63 that is an extension of Rocky Creek Drive N. E. and also
accept the quit claim deed adding 7.0 feet of land onto the south side of this accessway,
was read.. Mr. Leonard Sankstone was present and stated that it was his understanding that
he should put an easement but now the Planning Director had recommended that a.street be
shown, however, if that what was wanted he would comply. Upon motion by Perry, second by
Postier, and all voting in favor, the recommendation was accepted and a hearing was set fox
7:30 o'clock P. M. on June 17, 1968 (the plat to be accepted with the street).
The report of the City Planning Director reviewing the requirements of the
subdivision ordinance to convey property by metes and bounds descrippion as it applies
to convey a portion of Lot.2, Block 1, Folwe-ll Heights 4th Subdivision along with Lot 1,
Block 1, Folwell Heights 4th Subdivision and recommending -approval of same subject to the
existing easement being vacated, was read. Upon motion by Postier, second by Larson, and
all voting in favor, this was tabled until the easement is vacated.
The recommendation of the Finance Committee that the Mayor and City Clerk be
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authorized to sign a contract with H. M. Severson for rental of space in the old Rochester
Building on 3rd Avenue E. was read and upon motion b Postier, second b Ellison !I
;,Dairy B g v S. , P Y � Y
and all voting in favor except Alderman Day who voted "nay", the recommendation was approved.
The recommendation of the Public Safety Committee that bids be advertised
for furnishing concrete work at Fire Station #1, said bids to be opened at 11:45 A. Kri.on
June 17, 1968 and considered by the Common Council at 7:30 P. M. on June 17, 1968, was read.
Upon motion by Ellison, second by Folkert, and all voting in favor, the recommendation was
approved.
The recommendation of the Public Safety Committee that the State of
Minnesota be requested to make a study of the intersection of 2nd Street S. W. and the east
frontage road and west frontage road to determine what steps might be taken to reduce the
accident experience and to improve traffic flow, was read. Upon motion by Folkert, second
by Day, and all voting in favor, the recommendation was accepted and the City Attorney was
instructed to prepare the said resolution making such a request.
The recommendation of the Public Safety Committee that Northern Heights
Drive be established as an arterial street and that the necessary signs to accomplish this be
put in place by the Public Works Department, was read and gpon motion by Day, second by
Postier, and all voting in favor, the recommendation was approved.
The recommendation of the Public Safety Committee that parking on the west
side of 5th Avenue S.W. be prohibited between the hours of 8:00 a.m. and 1:00 p.m., on Sundays
only, from 4th Street south to the alley between 4th and 5th Streets; that a crosswalk be
established on 5th Avenue S. W. between 4th and 5th Streets at a.point opposite the west
entrance to the church and that two signs be furnished to the church on moveable standards
which would have the message "Yield to Pedestrians", the Methodist Church would place and
remove these signs on Sundays during the time when services are being conducted, was read.
Upon motion by Ellison, second by Folkert, and all voting in favor, the recommendation was
ilaccepted and .the.City Attorney instructed to prepare the necessary resolution.
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The recommendation of the Public Safety Committee that the State of
Minnesota be requested to make a study of the intersection of 4th Street and. 13th Avenue
Southeast to determine whether or not some changes could be affected to improve the
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traffic flow and reduce the accident potential, was read and upon motion by Ellison, second
Iby Day, and all voting in favor, the recommendation was accepted and the City Attorney
instructed to prepare the necessary resolution.
The recommendation of the Public Safety Committee that the City Attorney
be instructed to draw an ordinance relating to cats, using the Edina ordinance as a guide
line, was read. A motion was made by Ellison, second by Larson, that the recommendationbe
approved. Alderman Postier stated he thought this should be studied a little.further, he
said he had talked to the Poundmaster and there were a number of problems that would have
to be worked out (1) it.would require special quarters to house cats which would be an
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added expense (2) 99% of the calls would be night and (3) two men would not be adequatf
to handle the added work. A motion was then -made by Folkert, second by Postier, that this
be referred back to the Public Safety Committee for further consideration; all voted in
favor.
The recommendation of the Public Safety Committee (signed by only two members of
the Council - Ellison and Perry) that the application of James G. Vesey for a license to
sell non -intoxicating -malt beverages "on sale" and '!off sale" at 301 17th Avenue S. W. be
approved and that the licenses be issued, was read. Also a letter signed by James Vesey
and Johnette G. Vesey making the following voluntary agreement, was read: (1) a six foot
high redwood fence will be built across the west side of the property (2) the entire lot
will be blacktopped (3) we will have the Public Utilities Department and/or a qualified
lighting contractor check the existing lightin situation and recommend a better lighting
•arrangement, we will then install and remove whatever necessary in order to have the best
appropriate lighting situation possible to be compatib&e with adjacent property, the
building will be painted (4) we will voluntarily restrict the closing hours and will close
at 12:00 P. M. rather than 1:00 P. M. (5) we will not open for business until all the above
improvements are made and (6) the business will be run by ourselves in•orderly fashion to
•the very best of our ability. Upon motion by Perry, second by Postier,•and all voting in
favor except Alderman-Folkert who voted "nay", the recommendation was approved and the City
Clerk instructed to issue the licenses.
The recommendation of the Public Works Committee that the Council initiate without
petition a local improvement project for sidewalk approaches to Kellogg and Jefferson
Schools - 1968, was read. Upon motion by Folkert, second by Day, and all voting in favor,
the recommendation was approved,
The feasibility report of the City Engineer stating.a.resolution proposing.
sidewalk approaches to Kellogg and Jefferson Schools-1968 had been referred to.his.office
and they report that the improvement is feasible and recommend its construction, the
estimated costs are $14,700.00, was read together with the recommendation of the Public
Works Committee that this project be constructed with the costs to be assessed to the.
abutting properties. Upon motion by Postier, second by Folkert, and all voting in favor,
the recommendation was approved.
The recommendation of the Public Works Committee that the Council intiaite without
petition a local improvement project for concrete curb and gutter on the east side of
19th Avenue N. W. from 38th Street N. W. to the north line of Lot #1 of Resubdivision No.
2 of West Part of Block 1 of Silver Acres.Subdivision, was read.. Upon motion by Ellison,
second by Postier, and all voting in favor, the recommendation was approved.
The feasibility report of the City Engineer stating that a resolution proposing
concrete curb and gutter on the east side of 19th Avenue N. W. from 38th Street N. W. to.
the north - line of Lot #1 of Resubdivision No. 2 of west -part of Block 1 of Silver Acres II
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Subdivision had been -referred to his office for report, they report that the project is
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feasible and they recommend its construction, the estimated costs are $2,440.00, was read
together with the recommendation of the Public.Works Committee that the project be
constructed with the costs to be assessed to the abutting properties, •�Upon..motion by,
Ellison, second by Folkert, and all voting in favor, the recommendation was approved.
The recommendation of the Public..Works Committee that because of the
uncertainty that the project..could not be completed in its entirety this season, the
widening and repaving of 2nd Street S. W. from 5th to llth Avenue S. W. be contracted for
construction.to begin at earliest possible date in the spring of 1969, was read. Upon
motion by Perry, -second by Postier, and all voting in favor, the recommendation was
approved.
The recommendation of the Public Works Committee that the. proposed water
main construction on llth Street S. W. abutting the south line of Lots 7 and .8 in Olson's
Subdivision be deleted from ,the plans, and its.construc,tion be. deferred as, requested, by Dr.
Roy E. Ritts in his letter of May 28, 1968, was read... Upon motion by Day, second by Postier,
and all voting in favor, the recommendation was approved.
The recommendation of the Public -Works Committee that the bid of Riverside
Sand & Gravel, Inc. for construction of water main extension in East Frontage Road T. H. 52-14
from 11k Street S. W. to 14th Avenue S. W. (Olson's Subdivision) in the amount of $12,506.50
be accepted at the unit prices bid, was read. Upon motion by Perry, second by Larson, and
all voting in favor, the recommendation was approved.
The recommendation of the Public Works Committee that the bid of Carlisle
G. Fraser for construction of storm sewer, sanitary sewer and water main in 5th Avenue S.E.
from 5th St. S.E. to 131 feet north, in 5th St. S.E. from 5th to.7th Ave. S.E, in 6th Ave.
S.E. from 6th St. S.E. north to Bear Creek, in 7th Ave. S.E. from 6th St. S.E. north to
5th St. S.E., in 8th Ave. S.E. (water main only) from 6th St. to 5th St. S.E. in the amount
of $30.706.25 be accepted, was read.. Upon motion by Folkert, second by Larson, and all
voting in favor, the recommendation was approved.
A motion was made.by Postier, second by Perry, and all voting in favor,
that the City readvertise for bids for (1) sidewalk approaches to Mayo High School - Project
#1-1968 (2) sidewalk approaches to Mayo High School - Project #2-1968.(3) sidewalk approaches
to Winston Churchill School - Project #1-1968 (4) sidewalk approaches to Winston Churchill
School - Project #2-1968 (5) sidewalk approaches to Sunset Terrace School - Project #1-1968
(6) sidewalk approaches to Sunset Terrace School - Project #2-1968 and (7) sidewalk
approaches to Robert Gage School - 1968, bids to be considered on June 17, 1968 and that
the bids received on Nos..l, 2, 4, 6 and 7 be returned to the bidder, Phil Ryan Cement
Contractor, unopened.
The recommendation of the Public Works Committee that the low bid of
Jones Chemical Company for furnishing the years supply of liquid Chlorine for the Sewage
Treatment Plant be accepted at $5.22 per cwt, was read. Upon motion by Postier, second
by Ellison, and all voting in favor, the recommendation was approved.
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The recommendation of the Public Works Committee that Change Order #7 for the
Sewage Treatment'Plant Expansion Contract with Young Construction Company be approved, was read.
Upon motion by Larson, second by Ellison, and all voting in favor, the krecommendation was
approved.
Alderman Day stated that he thought the Council should consider moving the firing
range for the Police Department, when it was originally,set up in this location Elton Hills
Drive did not go through but now he thought it looked dangerous for the cars going across
Elton Hills drive, he said he had checked with the Chief of Police and had been told that it
was safe but still would like to have it checked; A motion was then made by Day, second by
Postier, that this matter be referred to the Public Safety Committee to study the feasibility
of a new location; all voted in favor.
Upon motion by Postier, second by.Larson, and all voting in favor, the meeting
was adjourned until 7:30 o'clock P. M.
President DeVries called the meeting to order at 7:30 o'clock P. M. with the
following lmembers being present: President DeVries, Aldermen Day, Ellison, Folkert, Larson,
Perry, Postier. Absent: None.
President DeVries stated this as being the time and place set for hearings,on the
following projects:
Hearing on sidewalk approaches to Mayo High School - Part 1-1968. Mr. Neil
Richards of 1207 - llth Avenue S. E. was present and inquired if it was possible for him to
construct his own sidewalk..6. A. Armstrong, City Engineer stated that if the Council approved
it and he followed specifications he would be allowed to do his own work, he said they hoped
to receive bids on this project in early June and have it completed by September 1st. There
was no one else present wishing to be heard. President DeVries declared the hearing
officially closed. A motion was then made by Day, second by Perry, that Mr. Richards be
allowed to do his own sidewalk, under the.specifications of the City Engineer; all voted in
favor. A motion was then made by Perry, second by Larson, to proceed with the project less
Mr. Richards property; all voted in favor.
Alderman Day stated.that he felt some consideration should be given to corner lots
for construction of sidewalk the same as for sewer and moved that this matter be referred to
the Public Works Committee for consideration as to whether such a policy would be feasible for
construction of sidewalks; Alderman Ellison seconded the motion and all voted in favor.
Hearing on sidewalk approaches to Mayo High School - Project 2-1968. Mr. Dale .
Beets of 822 - 13th Street S. E. was.present, and inquired why all of 13th St. was not being
done instead of just this one block and also inquired what the cost would be; C. A. Armstrong,
City Engineer told him that this was just a start and possibly the rest of 13th Street would
be done at a later date, he also said the sidewalk would run 4bout $3.00-3.25 per lineal foot.
Mr. Don Singleton of 1352 8th Avenue S. E. inquired why sidewalk was only being put on the
east side of the street, he said he was not opposed to it but thought it should be put_on both!+
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sides of the street; Alderman Perry stated that this was one of the largest sidewalk programs
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ever done by the City and were just doing what they felt would be best,eventually there
would be sidewalk on both sides of the street. Mr. Oscar Schmidt of 925 - 12th Street S.E.
said he would have to have steps because the sidewalk is above the curb and wondered if
this would be included in the contract; C. A. Armstrong informed that this project was just
for sidewalk and if steps were needed they would have to be put in separately and privately.
Mr. David Gathje of 1360 8th Avenue S. E. said he was concerned about the grade on the 8th
Avenue Project, he said they had water problem now and and he was afraid if they ran the
sidewalk straight through without being careful of grade then they would have real
problems; C. A. Armstrong said there was a definite relation between the grade of sidewalk
and grade of the curb but the contractor knows the situation and they would work with this
in mind. Mr. Richard Wiltzen of 1400 8th Avenue Southeast and inquired what would be done
as far as sidewalk measuring up to driveways; C. A. Armstrong stated that the lawns are not
always graded to proper grade by the developers, when the contractor builds the sidewalk if
there is only a difference of about an inch he might cut back and replace it to fit but if
there is any major change the property owner will have to take care of it himself. There
was no one else present wishing to be heard. President DeVries declared the hearing officially
closed. A motion was then made by Perry, second by Folkert, to proceed with the project; all
voted in favor.
• Hearing on sidewalk approaches to Winston Churchill School - Project 1-1968.
jf Mr. Rodney Morse of 2239 6th Avenue N. E. was present and inquired why they were putting it
jon the west side of the street and also if the sidewalk would go to the property line; C. A.
Armstrong, City Engineer said the sidewalk is usually put one foot off of the property line
but in some places it has to be put right on the line to allow for a wider boulevard; Alderman
Perry said it is the intention of the Council tp put sidewalks in all areas and these are just
a start, there is -no particular reason why they are on one side or the other but they hoped
in the future to have sidewalks on all streets. Mr. Harold Roberts of 437 Northern Heights
Drive inquired why sidewalk was not put on the south side instead of the north side when
the north side has to put terraces because of the contour of the land and the south side
is level, he said he would have to cut down his yard about 2 to 3 feet; C. A. Armstrong said
jl the north side was chosen because there were more buildings and they would not have the
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! hydrants in the way. There was no one else present wishing to be heard. A motion was then
III made by Day, second by Folkert, to continue this hearing until June 17, 1968 at 7:30 P. M.
to allow -the members of the Council to again review it; all voted in favor.
�i Hearing on sidewalk approaches -to Winston Churchill School - Part 2-1968.
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officially closed. A motion was then made by Postier, second by Ellison, to proceed with
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,I -the project; all voted in favor.
Hearing on sidewalk approaches to -Sunset TerraceSchool - Part 1-1968.
A petition with 16 signatures opposing the proposed sidewalks for the•Northgate area was read
and ordered placed on file. Mr. Glen Trapp of 2306 21st Avenue N. W. inquired on what basis
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the sidewalk was being put here, he thought it would be better on 18k Street where there is
through traffic, he said he thought sidewalks should bebuilt all wer. Alderman Day stated
that they felt 21st Avenue would get.more usage than 18k Avenue and also there is a school
crossing guard at 19th and 19th, that this was more in the middle of the area, there is at
present only about 150 feet of sidewalk in the entire area; it was also noted that there was
now an ordinance requiring sidewalks in new subdivisions and it was hoped eventually to have
sidewalks all over. Mr. Jim Fuehrer of 2115 20th Avenue N. W. said when he bought his house
he was given to understand that there would be no sidewalk and was told if he did have it he
would be given a breakicbecause he was on the corner; he also suggested that it be broken down
and only do about one block a time and thought it should be planned a year ahead which would
give them extra time to save for payments; he was told that the matter of corner lots had
already been referred to committee and also told that sidewalk assessments were levied over a
period of five years if the owner so wished. There was no one else present wishing to be
heard. President DeVries declared the hearing officially closed. A motion was then made by
Larson, second by Day, to proceed with the project; all voted in favor.
Hearing on sidewalk approaches to Sunset Terrace School - Part 2,1968. .Letters
signed by Luverne Hugeback of 1824 18th Ave. N.W. and Mrs. and Mrs. Howard Wilson owners of
lots 3, 4 and 7, Mark ay Addition opposing construction of sidewalk were each read and ordered i
placed on file. Mr. Raymond Klinkhammer of 2004 - 18'k St. N. W. was present and inquired if
the sidewalk would be putup to the lot line; he was told that it would be about one foot from
the line. There was no one.else present wishing to be heard. President DeVries declared the
hearing officially closed. A motion was then made by Ellison, second by -Day, to proceed with
the project; all voted in favor.
Hearing on sidewalk approaches to Robert Gage School 1968. There was no one
present wishing to be heard. President DeVries declared the hearing officially closed. A
motion was then made by Larson, second by Postier, to proceed with the project; all voted in
f avor. .
Hearing on Part 4 (a section of North Branch) of Country Club Manor Trunk Line
Sanitary\ Sewer. There was no one present wishing to be heard. President DeVries declared thel
hearing officially closed. A motion was then made by Folkert, second by Ellison, to proceed
with the project; all voted in favor.
Hearing on extension of sanitary sewer and water mains from T. H. 14 to 7th St.
N. W. and in 7th Street N. W. abutting Valleyhigh 2nd Subdivision. A letter from Industrial
Opportunities, Inc. requesting that the Council consider the allowance of credit of $5,998.40
towards the assessment to them for this improvement, this amount was paid for the permanent
installation of a sleeve in Highway 14 for the purpose of the future extension of the trunk
line sewer that is now being considered, was read, and upon motion by Perry, second by Postier,
and all voting in favor, the letter was referred to the Public Works Committee for considera-
tion at the time of assessment. Mr. Robert Withers, President of I.O.I., was present and
urged that the sewer go ahead so they can go ahead with their plans for Valleyhigh Second
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Subdivision. There was no one else present wishing to be heard. President DeVries
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declared the hearing officially closed. A motion was then made by Ellison, second by II;
Larson, to proceed with the project; all voted in favor.
Hearing on proposed change of zoning districting of the NW'k of Section
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23, Township 107 North, Range 14 West (Walth Property) from the R-1 District to the R-3
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District and R-1 District to the B-3 District. Mr. Harold Krieger was present in behalf
of the petitioner and urged that this zone change be granted, he also stated that all the
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details had been followed and there was a dedication to the City along the South side of
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IIthe property. There was no one else present wishing to be heard. President DeVries
If declared the hearing officially closed. A motion was then made by Perry, second by
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Ellison, instructing the City Attorney to prepare an ordinance making the requested zone
change; all voted in favor.
Hearing on proposed change of zoning districting on lands to be designated
IIas Blocks One and Two, Meadow Park Sixth Subdivision from the R-1 District to the R-3 ,
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District and on Outlot "A" Meadow Park Sixth Subdivision from the R-1 District to the B-lb
it District. .There was no one present wishing to be heard. President DeVries declared the
i hearing officially closed. A motion was then made by Postier, second by Ellison, instructing
II the City Attorney to prepare an ordinance making the requested zone change; all voted in favor.
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construction of an addition to the shop portion of Park and Recreation Building located in
the northwest corner of their property at 403 East Center Street. There was no one.present
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IIwishing to be heard. President DeVries declared the hearing officially closed. R. V. Ehrick,
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City Attorney statedthat this involved the expansion of the existing park building located
on the Zumbro River just north of Center Street, the existing building was properly
constructed there under the old zoning ordinance because it permitted public buildings to
I) be constructed in a residential zone but with the new ordinance, certain public buildings
are permitted in residential zone but buildings that include storage of vehicles are
excluded; the area has been used for the parking of vehicles and I don't know if there has
been any storage, it is a large area adjoinging the ball park, the river and the railroad
tracks, the expansion being proposed would be in the area that is away from the nearest
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lI to permit the expansion of what would be now classed as a non -conforming use; he said he
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there was the absence of detriment and it would be an apparent improvement, the preservation
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and economy of a government structure is involved so he said in his opinion the reason :I
exists for granting of a variance. Alderman Day said he was still in favor of changing the
zoning on this property and asked the City Attorney why he did not think it was proper to
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rezone it; Mr. Ehrick said he did not say it was not proper, although insofar as it would be
involving the B-lb district in this area that has been classified as residential, you are
going across a natural dividing lane and whether you doing this just out of necessity or
what, it would be better to do it this way and leave the zoning for the clarification in
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the future-. A motion was then made by Ellison, second by Day, that the variance be denied and
upon roll call, Day, Ellison, Folkert, Larson, Perry, and Postier voting "aye" and President
DeVries voting "nay", the motion was carried and the variance denied. (a hearing on the
proposed change of zoning on this property had been set earlier in the meeting). ,
Hearing on application to vary rear yard requirements of the Zoning Ordinance as
they apply to Lots.Five and Nine, Markay Addition (Golden George's). A letter from Mr. and
Mrs. Howard Wilson, owners of Lots 2, 3, 4 and 7, Markay Addition, opposing granting of the
variance was read and ordered placed on file. Mr. George Pougiales, Attorney representing
George Kalamanis the owner, was again present and stated that they were only asking for a loft,
variance on the west lot line on this particular lot which provides for a substantial
structure on it now, he is proposing an addition which could reach the cost of about $85,000
and an additional $20,000 for personal property; he said he could not see where this would be
a detriment, the existing property lies as close as the proposed building would lie to the
abutting property owners.and it should be no problem, there is.also a fence that would obscure
it from the property directly behind it; he also pointed out that the property to the west is
presently used as multiple dwelling and he felt this was a reasonable place.to exercise
discretion in assisting a small property owner, the possibility of having to get an architect
to assist him in redesigning it is not feasible or economically reasonable. Mr. Henry Rose an
architect with Weis Builders and Richard Gullickson, Attorney were also heard in support of
Mr. Kalamins. Alderman Perry stated that the City Attorney has advised us that from a legal
standpoint there is no basis for granting this variance and asked if he had anything further
to add. R. V. Ehrick, City Attorney, said he did not know what else he could add, a detailed
presentation was again made on behalf of the property -owner but it still seems that if the
requirements for unnecessary or unusal additions and extraordinary circumstances have been-;C.,cr=
met it is only on a very minimal basis, the extension of this into the rear yard will move thei
building substantially closer and further impair the rear yard, when you talk of property
rights you are speaking in a general way, the owner feels it is essential to expand his
building to enhance his business, there is adequate area for expansion otherwise but here the
case is made that the extension be at a particular location because of the existing location
of the kitchen that is to be expanded; as far as absence of detriment is concerned you have and
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objection from an abutting property owner and the physical fact that you are moving closet to
that line can cause a detriment; this is a border line case and the desirable thing would be
for the man to provide the additional land needed but it is a matter the Common Council can
act on at its discretion. Mr. Leon Shapiro was present and stated that he had no objection
to the variance but thought if the variance were granted there should be some safety procedure
provided, there have been cars in the past that have rolled off the parking lot onto the
property back of it. Alderman Postier stated that he could symphathize with Mr. Kalamanis
but the City Attorney did relieve his mind when.he said this could be a border line case, he
said he felt there were extenuating circumstances, up to 1965 it would have been legal for him
to build something like this, we take these on a different basis, he said in the past year we
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have granted some variances on extenuating circumstances and feels that on these extenuating
circumstances and it is a border line case, he would have to along with the case. Alderman Day
stated that he was on the -Public Safety Committee when the City first issued a beer license here,
he said Mr. Kalamanis asked for a beer license and remodeled the place and he feels that he has
a good job operating this business along with the food business; he said he now faces more
competition and if he could not keep it in good shape he could be forced to degrade it into a
rougher and tougher organization; he said he would like to see him continue in the food
business, he said he only lives two blocks from here but feels that a new building with food
there was no one else wishing to be heard; President DeVries declared the hearing officially closed;
operation expanded to meet the competition would be better than a B grade operation;/ Alderman
Day then moved that the variance be granted and the City Attorney be instructed to prepare the
necessary resolution, the variance be granted with the stipulation that aproper bumper rail be
provided on the west side so cars can not roll over the back; Alderman Postier seconded the
motion and upon roll call, Day, Ellison and Postier voting "aye" and Folkert, Larson, Perry
and DeVries voting "nay", the motion was lost and the variance denied.
Continued hearing on report of Commissioners on condemnation of certain
land in Block 62, Original Plat as a site for an electric substation for the Rochester Public
Utility Department. Mr. Roy Gassman of 905 - 12th Street S. E. was present and stated that
he was the renter of this property and it looks as if he would be put out of business and he
felt he should be compensated for this; he said if the Council gave him some compensation he
could vacate the premises within a week or ten days. R. V. Ehrick, City Attorney, stated that
he had been in contract with John Gowan, Attorney for Thompson Properties, and they were
agreeable to an arrangement whereby the City would take possession of the premises and would
be able to proceed with their work, and in the meantime Mr. Gowan would meet with the Utility
Board to further discuss this; Mr. Ehrick recommended that the hearing again be continued
until 7:30 P. M. on June 17, 1968. Mr. Ehrick stated that under the State Law the appraisors
could award moving expenses, the appraisors made no such award but under state law public
!!authority is authorized to award for moving expenses to the Common Council has the authority
,++to make an award to Mr. Gassman and recommended that an award of $500.00 be made to Mr.
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(Gassman. A motion was made by Ellison, second by Postier, and all voting in favor, that an
I�award of $500.00 be made to Mr. Roy Gassman. A motion was then made by Postier, second by
jjFolkert, that the hearing be continued until 7:30 P. M. on June 17, 1968; all voted in favor.
The applications of Charlie's Country Boy, Coinerma Clothing Care Centre,
Country Kitchen #2, Campbell Hotel, Pantry Grocery and Hillcrest Motel for license to sell
cigarettes were each read and upon motion by Ellison, second by-Folkert, and all voting in
favor, the licenses were granted.
The applications of Pantry Grocery and Charlies Country Boyd for license
to sell !4off sale" 3.2 beer were each read and upon motion by Ellison, second by Folkert, and
all voting in favor, the lcienses were granted.
The application of C. M. Boutelle & Sons, Inc. for a license to construct
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sidewalks, curb and gutter and driveways was read and upon motion by Ellison, second by
Folkert, and all voting in favor, the license was granted.
The application of Donald Rockvam for license to operate pool tables at Black's
Billiards and Pool Hall was read and upon motion by Ellison, second by Folkert, and all
voting in favor, the application was referred to the Public Safety Committee.
A motion was made by Perry, second by Folkert, and passed unanimously that the
monthly bills in the amount of $338,780.03, list of which is attached hereto, be approved
and ordered paid.
The contract bonds of Edward Mahoney (4) in the amounts of $4,848.90, $3,152.43,
$5M647.05 and $5,905.17 with Allied Mututal Insurance Company as surety; and the bond of
Northwestern Refining Company in the amount of $20,106.00 with Agricultural Insurance
as surety, were each read and upon motion by Ellison, second by Postier, and all voting in
favor, the bonds were referred to the Mayof.for approval.
The following resolutions were each introduced and read and upon motion by Day,
second by Ellison, and all voting in favor, the same were considered in block, and duly
passed and adopted:
Resolution approving resolution adopted by Public Utility Board to enter into a
license agreement with the C&NW RR Company to construct, maintain and use a coal hopper and
sewer,sline under track operated by the RR Company.
Resolution approving resolution adopted by Public Utility Board re entering into
an agreement with C&NW RR Company for a private roadway,crossing upon and across the Railway
Company track and right of way.
Resolution approving contract amendment No. 1 with Adolfson and Peterson, Inc.
for extension to Silver Lake Plant..
Resolution approving resolution adopted by Public Utility Board conveying highway
easement.to the County of Olmsted.
Resolution authorizing Public Utility Board to purchase $150000 Federal Intermediate
Credit Banks Consolidated debentures for Electric Department Depreciation Reserve.
Resolution authorizing Mayor and City Clerk to execute lease for land and build
with Harold and Ruth Severson._
Resolution authorizing and directing City Clerk to advertise for bids for concrete
work at Fire Station #1.
Resolution authorizing and directing Mayor and City Clerk to exectute mainOtenance
agreement with Department of Highways for trunk highways within corporate limits of City.
Resolution authorizing City Clerk to advertise for proposals for resurfacing of
tennis court at Kutzky Park.
Resolution authorizing and directing Mayor and City Clerk to execute change order
47 for Wasterwater Treatment Plant Expansion Contract.
Resolution referring proposed improvement for feasibility report and recommendat
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Record of Official. Proceedings of the-Comrrion Council
of the City of- Rochester, Minn., June 3, 1968 •
for sidewalk approaches to Kellogg and Jefferson Schools - 1968.
Resolution receiving preliminary report, ordering apublic hearing and directing
preparation of plans and specifications for sidewalk approaches to Kellogg and Jefferson
Schools - 1968.
Resolution approving plans and specifications and ordering bids for sidewalk
approaches to Kellogg and Jefferson Schools - 1968.
Resolution referring proposed improvement for feasibility report and recommen-
dation for concrete curb and gutter on east side of 19th Avenue N. W. from.38th Street N.W.
to the north line of Lot #1 of Resubdivision No. 2 of West Part of Block 1 of Silver Acres
Subdivision.
Resolution receiving preliminary report and ordering a public hearing and
directing preparation of plans and specifications for concrete curb and gutter on the east
side of 19th Avenue N. W. from 38th Street N. W. to the north line of Lot #1 of Resubdivsion
No. 2 of West Part of Block 1 of Silver Acres Subdivision.
Resolution approving plans and specifications and ordering bids for street grading
and surfacing with concrete curb and gutter on 5th Avenue S. E. from 4th to 5th Street S. E.
and on 5th Street S. E. from 5th to 6th Avenue S. E.
Resolution approving plans and specifications and ordering bids for construction
of concrete curb and gutter on 13th Avenue and 20th Street N. W., Lots 5, 6, 7 all in
Block 26, Elton Hills 6th Subdivision.
Resolution accepting bid of Carlisle G. Fraser, Inc. for storm sewer, sanitary
sewer, and water main in 5th Ave. S.E. from 5th St. S.E. to 131 feet north; in 5th Street
S. E. from 5th to 7th Avenue S.E.; in 6th Avenue S.E. from 6th Street S. E. north to Bear
Creek; in 7th Avenue S. E. from 7th Street S. E. to north to 5th Street S. E. and in 8th
Avenue S. E. (water main only) from 6th to 5th Street S.•E.
Resolution accepting bid of Riverside Sand & Gravel Company for water main
extension in East Frontage Road T. H. 52-14 from 11k Street S. W. to 14th Avenue S. W.
(Olson's Subdivision).
Resolution creating position of business manager for the Health Department.
Resolution authorizing City Engineer to engage drainage contractors for sewer
and water service connections from mains to boulevards - East'Center Street from Zumbro
River to llth Avenue East (6200-E-67).
Resolution ordering bids for grading and surfacing, storm sewer and water main
on 3rd Avenue N. W. and West River Toad from 600 feet south of 19th Street N. W. to the
north line of Valhalla 4th Subdivision.
Resolution readvertising for bids for sidewalk approaches to Mayo High School -
Part 1-1968.
Resolution readvertising for bids for sidewalk approaches to Mayo High School -
Part 2-1968.
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June : 3ic .1968
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Resolution readvertising for bids for sidewalk approaches to Winston Churchill
School - Part 1-1968.
Resolution readvertising for bids for sidewalk approaches to Winston Churchill
School - Part 2-1968.
bids for
Resolution readvertising for/sidewalk approaches to Winston Churchill School -
Part 2-1968.
Resolution readvertising for bids for sidewalk approaches to Sunset Terrace School
Part 1-1968.
Resolution readvertising for bids for sidewalk approaches to Sunset Terrace School,
Part 2-1968.
1968.
Resolution readvertising for bids for sidewalk approaches•to Robert Gage School -
An Ordinance establishing a permanent committee on beautification of the City of
Rochester, Minnesota was given its second reading.
An Ordinance fixing the Salaries of the Mayor and Alderman of the City of
Rochester, Minnesota, was given its secon& reading.
A resolution amending the resolution establishing parking, truck loading,
passenger loading and parking meter regulations and provisions, as follows, was read and upon
motion by Ellison, second by Folkert, and all voting in favor, the resolution was adopted;
(1) Section B, No Parking Zones, Streets,,is hereby amended by adding
thereto Paragraphs (103.5) and (117.5) to read in their entirety as follows:
(103.5) Seventh Street Northeast on both sides of the street
between llth Avenue and 12th Avenue Northeast at all times.
(117.5) Seventh Avenue Southwest on the east side of the street
from Fourth Street Southwest to Sixth Street Southwest at all times.
(2) Section B, No Parking Zones, Alleys and Service Drives, is hereby
amended by adding thereto Paragraph (11) to read in its entirety as follows:
(11) On the south side of the east -west alley which lies between
12th Street Northwest and 13th Street Northwest from Second Avenue
Northwest west to Cascade Creek at all times.
An Ordinance regulating the design, construction, enlargement; alteration, repair,
moving, removal, conversion, demolition, quality of materials, height, area, maintenance,
occupancy and use of all buildings and structures in the City of Rochester, Minnesota;
providing for the issuance of permits and collection of fees therefore; establishing fire
zones; providing penalties for violations; and repealing all ordinances and parts of
ordinances in conflict herewith, was given its third and final reading. Mr. Richard Hanson,
President of the Home Builders Association, was present and requested that the Council delay
adoption of this code for about 30 days, he said their organization was planning on taking a
trip to Bloomington to meet with the builders and officials up there; he said they would like
a little more time for over all considerationof the code, he said he thought most of their
questions was mostly interpreatation but felt if it was not going to be enforced it should no
be written in. Mr. Joseph Dingle, Attorney was present in behalf of the Realtors, he said
the Board of Realotors is 100% in favor of the building code, all they wanted was a little
additional time to study and interprete it. W. Richard Hexum also requested that they be
given more time and suggested that they again meet with the Building Inspector on some of
Record of Official Proceedings of the ' Common Council
of the City of Rochester, Minn., June 3, 1968
questions. After hearing those present a motion was made -by Day, second by Folkert, that
i �6';�r,
I) final passage of this building code be delayed until July 1, 1968; Aldermen Day, Ellison,
Folkert and Postier voting "aye" and Perry, Larson and DeVries voting "nay', the motion
�I was declared carried.
The recommendation of the Planning and Zoning Commission stating that they had
reviewed the final shaopping center plan for Apache Mall as required by Paragraph 47..03 of
Ordinance No. 1296 -and find that the final plan complies with the provisions of Artcile 47
of Ordinance No. 1296 with the exception of the building coverage which exceeds the maximum
lot coverage by 7% or 5,004 S.F. of land area; they -feel that because this,is such a minor
deviation the maximum building coverage requirement of 25% should be waived to permit.a
building coverage of 25.07% in this case; they further recommend that this final shopping
center plan be granted approval subject to the following conditions: (L) the matter of
flood control as it affects property on the east side of the Zumbro River needs to be
resolved (2) the recommendation of the Fire Chief pertaining to automatic sprinkler system
in the buildings needs to be resolved (3) the matter of selecting a site for a public water
tower needs to be resolved and (4) the land should be platted (this matter is in process
at this time by the owner), was read. Mr. Richard Guidera, Secretary of Rochester Mall,
was present and stated that this was a small variance that they were asking for, since the
first of the year they have made available to the Department of Highways 75,000 square feet
at the intersection of 16th Street S. W. with T. H. 52, so they think the variance of .07
is relatively insignificant; he said when they annexed their property, in -1966, at that time
they proposed to widen the channel of the Zumbro area, this proposal was made to the
various elements of the City, County and State governments but no action was.taken and no
one was in favor of the proposal so they did not continue with it; he said as faraas the
sprinkler system, they were reviewing their plans and specifications and will consider the
100% sprinkler system. Alderman Day stated that he was flabbergasted to hear that they were
doing nothing on the flood control, he said he had told people about widening the channel
and building a dyke on the east side and he had attended a meeting of the County Planning
and Zoning.and heard someone from Apache explain how it would work with the dyke on one side
and felt that the City would benefit from this when they said they would build the dyke on
the east aide and widen the channel, he said we took your word for it and now you tell us
that we should have taken action, all I can think of is why didn't you tell us why you were
not going to do it; he said if you think Baihly's is a flood area wait till you see what
Apache will do. W. Guidera said they had approached the various branches of government
with their proposal and it was reviewed by these various branches and they reported to
them that it was not practical, he said they would have liked to have had this because it
would have provided them with fill, it would have been an economic benefit to them. Alderman
Perry stated that he was chairman of the Public Works Committee when this proposal had been
presented and he did not know till now that they were not going through with it, he said
he thought when the Council negotiates in good faith and any changes are made, and these are
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June 3, 1968
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major changes to the flood program in Rochester, then the Council should be notified, but �I
�I no Council action had been taken to delete anything from this program. Alderman Folkert said
it was his understanding that it was included in their plans to widen and deepen the channel
and take care of the parking lot. C. A. Armstrong, City Engineer, stated that in regard to the
channel change he did -not know that they ever intended to do the work themselves, if they did
�I
they did not pursue it as their own project; they suggested a channel improvement for flood
prevention but it was his understanding that they wanted someone else to acquire the land and
to do the work and this would then provide material to fill their property; he said he did not �I
approve this because he did not think it'was a public improvement and he also had the opinion
of the Corpos of Engineers that it was never proposed as a public project. Mr. Guidera stated
that their main interest in the river widening itsel£.i�as for the fill which they were prepared
to purchase; he also stated that at a meeting of the Planning & Zoning Commission in Room 4
it
when this was discussed everything was contingent on a study being made by the Corps of
Engineers and it was his understanding that this report had 'not been completed until last year;
he also stated that he believed if the City were to attempt to touch that channel they must
have approval of the Corps of Engineers as the Zumbro River is classified as a navigable river.
Mr. William Leach stated that in his estimatation and recollection they always proposed to work
with the Corps of Engineers and Conservation Department and other governmental bodies but never
had the cooperation of the Corps3of Engineers of Conservation, they made several overtures but
not one would give them any authority to proceed; he said they had a proposal of the channel
widening and it would have been a beautiful contribution but it died on the vine, he said he
I�
even tried to acquire lands on the east side of the river to make alternate plans but was unable
I�.
!; to acquire such lands because of the high cost involved; he said in his mind this was a definite
plan; it was in the form of a proposal but was never approved.
t
A motion was then made by Day, second by Folkert, to proceed with the variance
and set a hearing for June 17, 1968 at 7:30 O'clock P. M.; all voted in favor.
A motion was then made by Folkert, second by Larson, that a hearing beset for
7:30 o'clock P. M. on ]'c:D-June 17, 1968 on the final development plan; all voted in favor.
• Upon motion by Folkert, second by Perry, and all voting in favor, the meeting was
adjourned until 7:30 P. M. on June 7, 1968.
City Clerk
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