HomeMy WebLinkAbout03-03-1969Record of Official Proceedings of the Common Council 1411
of the City of Rochester, Minn., March 3, 1969
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Minutes of a regular meeting of the Common Council of the City of Rochester, Minneso
held in the Council Chambers in the City Hall in said City, on March 3, 1969.
President DeVries'called the meeting to order at 2:00 o'clock P. M., the following
members being present: President DeVries, Aldermen Brunnette, Ellison, Folkert, Larson,
Postier. Alderman Perry arrived at 3:15 P. M.
Upon motion by Larson, second by Ellison, the minutes of the meetings held on
February 17th, 26th and 28th, 1969 were approved, all voted in favor except Folkert and
Brunnette who "abstained" on the minutes for the meeting of February 26th.
The following bids were received and opened at 11:45 A. M. this morning:
Bids for radios for the Street & Alley Department, the Paint Shop and the Fire
Department. Bids were received from General Electric Company, Motorola, Inc. and Fire
Safety. Upon motion by Postier, second by Brunnette, and all present voting in favor,
action on these bids was deferred until the meeting of March 17, 1969.
Bids for Three Dump Trucks for use in the Street & Alley Department. The bids of
Selby Truck Sales in the amount of $12,795.00, Universal Ford Sales in the amount of
$14,492.94, Clements Chevrolet Company in the amount of $13,068.89 and Truck Service Company
in the amount of $13,549.20 were each received and opened. Upon motion by Postier, second
by Brunnette, and all present voting in favor, the bid of Selby Truck Sales in the amount
of $12,795.00 was accepted.
Bids for Three Dump Boxes for use in the Street & Alley Department. The bids of
L. L. Dewey Company in the amount of $3,165.00, Chas. Olson & Sons in the amount of $3,720.00
and MacQueen Equipment Company in the amount -of $3,429.00 were each received and opened. Upa
motionby Ellison, second by Folkert, and all present voting in favor, the bid of L. L. Dewey
Company in the amount of $3,165.00 was accepted.
Bids for furnishing one 1250 GPM Fire Truck.. Bids were received from Ward.IaFrance,
General Safety Equipment Company, Peter Pirsch, United LaFrance and Fire Safety Company.
Upon motion by Ellison, second by Folkert, and all present voting in favor, the bid of
General Safety in the amount of $32,660.00.
The Mayor's appointment of Franklin S..Ruhl of 1315 - 15th Street Northeast as a memb
at Large to the Music Board, term of office shall be for three years and expire January 1,
1972, was read. Upon motion.by Postier, second by Folkert, and all present voting in favor,
the appointment was confirmed.
The Mayor's appointment of Mr. Richard L. Husband of 1820 - 26th Street Northwest as
a member of the Music Board, representing the Sixth Ward, term of office to be for three (3)
years and expire January 1, 1972 (Mr. Husband will replace Mr. Koepsell who resigned) was
read. Upon motion by Ellison, second by Postier, and all present voting in favor, the
appointment was confirmed.
The Mayor's appointment of Mrs. Eileen Keller of 1422 First Street Southeast as a
school crossing guard to fill the vacancy at 9th Street and North Broadway was read. Upon
motion by Larson, second by Folkert, and all present voting in favor, the appointment was
• 11 confirmed.
Record of Official Proceedings of th6 Common Council
of the City of Rochester, Minn., March 3, 1969
A letter signed by'Richard P. Pike, Secretary of the Housing & Redevelopment
Authority stating that in:view of.the action taken by the Council at the public hearing held
on January 14, 1969 and result of the vote on the referendum February 25, .1969, they request
specific instructions for future planning; these instructions should include, termination date
of the Housing and Redevelopment Authority; specific acknowledgement that the use of.federal
funds is or is not authorized beyond termination of contractual.settlement with the
Department of Housing and Urban Development; instfuctions in sufficient detail to make proper
and timely notification to employees, leasor, contractual firms and plan for disposal.of
office property and equipment;.answeres to some of the above are necessary.in order to
officially notify the Department of.Housing & Urban Development that the City does or does
not intend to persue agreement set forth in Survey and Planning Application of August 10,
1965, was read. Alderman Brunnette said he thought there would be a need for keeping.the
Housing & Development Authority to be used in future development of the downtown area which
was the reason for this originally and the problem still exists, he said he thought the City
should continue to maintain the Authority and the -Council work with them and study in detail
the plans that were submitted by the planning firm; he said he definitely thought the City
should maintain the Housing & Development Authority. President DeVries inquired where the
City stands legally and inquired if the plans.were available to the City. R. V.Ehrick, City
Attorney, said the plans are available to the City; the Housing &•Redevelopment Authority is
a division of the City as such; the city does not, however, have an approved plan at this
time, in the resolution you adopted it provided that in the event the referendum vote was
adverse to this project, approval of the plan was deemed to have been withdrawn, so you do not
have a.plan at this time; you can legally maintain the Authority and I would think you would
give strong consideration to that; he said he did not know if anyone knows what direction or
action.is going to be taken to do something in the downtown area, even if you plan to implement
only.a small portion of this plan strictly on a local basis you will still need the existence
of the Authority to accomplish some of what might be done; under the State Law you have to bear
in mind that there is established in every City and Village in this State a Housing &
Redevelopment Authority, the Authority is not in authority until it is activated by findings
of the Common Council that you have conditions of blight and deterioration and this you have
done about 3.or 4 months ago; I don't know if there is any question in your Imind, whether you
were for or against, that you have problems of blith in downtown, if that is true I would think
that you would still refer it to the Authority; whether -you could justify maintaining the
administrative staff,:I don't know what they will have to do in the future; the plan is the
property of the City, there is.no question about that. -The question of whether now as a result
of the rejection of the proposed program, if the loan of $280,000 would have to be repaid was
discussed. R. V. Ehrick, City Attorney, said all the documents indicated that this was just a
loan, but raised the point of possible repayment "from•a legal or contractual view", he said
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Record of Official Proceedings of the' Common Council- V 3
of the City of Rochester, Minn., March 3, 1969
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it is believed that the federal government has never required repayment of planning advances
if urban renewal plans..are rejected. Aldermen.Postier, Ellison and Larson all said it was
their.understanding that no repayment would:have to be made. Mr. George Heald was present
and said they had submitted this letter so they could.request federal auditors to come and
close the books on the proposed project. Mayor Smekta also urgedthat the Common Council
keep the Housing Authority as he felt it would be of great value to the City in helping to
solve the problems that would have to be met in the near future. After further discussion,
a motion was made by Ellison, second -by Postier, instructing the City Attorney to prepare a
resolution notifying the Department of Housing and.Urban Development of the.United States
Government that the.City will not be taking-any.further action in connection with its survey
and planning application and agreement dated August 10, 1965, all present voted in favor.
Alderman Perry arrived at 3:15 P. M.
A letter signed by William Leach, representative for.Mike Fields, stating that he had
received a letter from Mr. Fields which stated.that after carefully reviewing the request for
bid made by the City of Rochester.for sale of city lands, old Sewage Treatment Plant, and was
now certain that it is appropriate that they decline to.;y bid, the property is less than they
had.anticipated and the purchase price.is higher and the allowable access is not as good as
they would -want, was read and President DeVries ordered the.same placed on file.
Upon motion -by Larson, second Ellison, and all voting in favor, the meeting was
recessed at 3:15 P. M. President DeVries called the meeting to order again at 3:45.P. M.
with all members being present.
A letter from Industrial Opportunites, Inc. requesting that authorization be given to
prepare plans for construction of a city street and avenue from County Highway 4 through the
Hendricks industrial.site past the.General Fireproofing property to 19th Street N. W..was
read. Upon motion.by Larson, second by Folkert, and all voting in favor, the letter was
referred to the Planning & Zoning Commission.
A letter from.J..E. Koskovich, Director of -Building & Safety, submitting a prel
report on Rochester Cabin Space Heaters and submitting various recommendations, was.read-and
upon.motion by Larson, second by Postier, and all.voting in -favor, the letter and report
were referred to the Public Works Committee for study and recommenktion.
A.'letter from Mrs. Helen Drosos Adams of 203 = 9� Street S. E. opposing granting
approval of K-Mart petitions was read and upon motion by Ellison, second,by Postier,. and all
voting in favor, the. letter was referred to the Planning and Zoning Commission.
Four resolutions adopted by the Public.Utility Board (a) requesting authorization to
enter into purchase order contract with Grayabar Electric Company for furnishing cable
($7,817.161 (b) requesting authorization to enter -.into parchase.order contract with General
Electric Company for furnishing cable•($2,016.00)., (c) requesting authorization to enter in
purchase order contract.with.Graybar Electric.Company for furnishing cable ($1,232.04),and
(d) requesting authorization to enter into purchase order contract with Crescent Electric
Supply for furnishing 32 street light standards ($2,928.00), were each read and upon motion
Record of Official Proceedings of the' Common Council
of the City of -Rochester, Minn., March 3, 1969
by Postier, second by Folkert, and all voting in .favor, the resolutions were approved.
Two resolutions adopted by the Public Utility Board (a) that $40,000 be appropriated
to the Rochester State Bank -for purchase of Federal Home Loan Bank Bonds for Employment
Compensation Reserve and (b) that $199,613.61 be appropriated.to the Rochester State Bank for
purchase of U. S. Treasury Bills for Electric Department Depreciation Reserve, were each read
and upon motionby Folkert, second by Postier, and all voting in favor, the resolutions were
approved.
A letter from State of Minnesota, Department of Highways,.submitting plans and
proposal for S.P. 5507-16, T. H. 52=20 which provides for construction of an interchange at
the Junction of T..H. �-)and 16th Street Southwest was read and upon motion by Folkert, second
by Ellison, and all voting in favor, the same were referred to the Public Works Committee and
City Engineer.
The following applications and petitions were each read and upon motion by Folkert,
second by Brunnette,.and all voting in favor, the same.were referred to the Planning and Zoning
Commission: (a) petition of David Pennington -for annexation of 22.68 acres of land in Cascade
Township (b) petition of David Pennington for change of zoning on above land to R-3 from
agricultural (c) application for preliminary plat approval of Apache Mall Shopping Center
Subdivision (d) application of First Unitarian Church to waiver complieance with subdivision
ordinance for conveyance of a piece of property by metes and bounds (e) protest with 33
signatures against zone change on Lots 18-19, Block S,Elm Park Addition and (f) applicationfor
plat approval on Replat of Lots 31 thru 36, Rochester Northern Heights.
The requests of (1) Joseph Suchomel to convert his 3.2 beer license to on -sale
liquor at the Pub Bar (2) Claude Darst for an."on sale" liquor license and (3) Donald Cunningham
for "on.sale" liquor license, were each read and upon motion by Postier, second by Ellison, and
all voting in favor, the requests were referred to the Public Safety Committee.
The claim of Gilbert Wade of 310 - 1st Street N. W..for personal injury was read and
upon motion by Brunnette, second by Folkert, and all voting in favor, -the claim was referred
to the City Attorney.
A letter signed by Mrs. Louise H. Hill, Chairman of the Rochester Beautification
Committee proposing that the title be changed to The Rochester Environmental Planning
Commission, effective immediately, was read. Upon motion by Larson, second by Postier, and
all voting in favor, the letter was referred to the Public Works Committee.
A letter signed by R. V. Ehrick, City. Attorney, stating that the petition to annex
to the City of Rochester approximately 119 acresof platted land and 962 acres of unplatted
land lying south of the City and generally along U. S. Highway No. 63, in his opinion, does
not meet the procedural requirements of Section414.03 of Minnesota Statutes and, therefore,
is not properly before the Common Council or. the Minnesota Municipal Commission, was reads
and President DeVries ordered the same placed on file. The letter.cited that the petition
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., March 3, 1969
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assuming that the petition has been ,initiated by twenty percent of the free -holders residing
in the.area,proposed for.annexation,.it is still inadequate because: (a) the petition does not
set forth.the infromation required by Subd. 1 of the aforesaid statute with respect to the
number of actual residents, the number and character of the existing buildings in the area and
the existing facilities such -as water system, zoning, street planning, sewage disposal, fire
and police protection; (b) the petition does not include a census of the area showing the
buildings in the area used for residences and the number of persons living in each; and (c)
the petition is not verified by the oaths of the census takers declaring that the census was
accurately taken, specifying the dates when it was begun and completed, and that the statements
in the petition are true.
A resolution adopted by the Public Utility Board that the Common Council approve the
proposal for .the cooperative acquisition of the utility right-of-way as part of the proposed
.county,Highway and authorize the Mayor and City Clerk to execute an agreement with the County
of Olmsted in the form attached, to provide for the orderly acquisition by the County of the
necessary right-of-way and.for the payment to the County for such right-of-way in the amount
of $19,100 or such lesser amount as maybe agreed upon under the termsof said.agreement, to
paid uponthe receipt of legal access to said.right-of-way, was read. Upon motion by Postier,
second by Folkert, and all voting in favor, the resolution was approved and also referred to
the Planning & Zoning.Commission.
The recommendation of the Public Safety Committee that parking is prohibited on both
sides of the west frontage road of 19th Street Northwest to approximately 22nd Street N. W.
at the present time and recommending that the Minnesota State Highway Department be requested
to prohibit parking on both sides of the west frontage road at all times from 22nd St. N.W. to
the off ramp.entrance to the west frontage road.from Highway 52 west, was read. Upon motion
by Perry, second by Postier, 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 parking be prohibited at all
times on the west side of 14th Avenue.Northeast from 2nd Street Northeast to a point.50 feet,
more or less, south of 2nd-Street Northeast, was read. Upon motion by Postier, second by
Folkert, and all voting in favor, the.recommendation was accepted and the City Attorney was
instructed to prepare the necessary resolution.
The recommendation of the Public Safety Committee that.,parking be prohibited on the
south side of 14th Street N. W..for 50.feet, more or less, east of 17th Avenue N. W., at all
times and that parking be prohibited on the south side of 14th Street N..W. for_30 feet, more
or less, west of the west driveway to John Marshall High School at Hall times, was read. Upon
motion by Ellison, second by Folkert, and all voting in favor, the recommendation was accepted
and the City Attorney was instructed to prepare the, necessary resolution.
The recommendation of the Public Safety Committee that parking be restricted to
student pickup only between the hours of .7:00 a.m. and 5:00 p.m. on school days only, on
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14th Street N. W. on the south side of the street for 750 feet, more or less, west of the west
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Record of Official Proceedings of the ' Common Council
of the City of Rochester, Minn., March 3, 1969
driveway to John Marshall High School, at the present time parking in this area is restricted
from 7:00 a.m. to 5:00 p.m.,on school days, was -read. Upon motion by Folkert, second by
Perry, and all voting in favor, the recommendation was accepted and the City Attorney was
instructed to prepare -the necessary resolution.
The recommendation of the Public Safety -Committee that Section B,-Subsection 130
of the Master Parking Resolution be amended to read "llth Avenue Northwest on the east side
of the street from Center Street to 14th Street at all times, -except from loth Street to
14th Street between the hours of-7:00 a.m. to.6:00 p.m. on weekdays- only"; was read. Upon
motion -by Postier,-second by Folkert, and all voting in favor, the recommendation was accepted
and the -City Attorney was instructed to prepare the necessary resolution.
The recommendation of the Public Safety Committee that the license be transferred
for the-Sheroc Corporation from-4 North Broadway to 220 South Broadway was read and upon
motion by Ellison, second by Larson, and all voting -in favor, the recommendation was -approved.
The recommendation of the Public Safety Committee that the application of Bobby and
Ralph Waltman to sell non -intoxicating malt beverages, on and off sale, at 322 South
Broadway, effective April 1, 1969, was read. Upon motion by Ellison, second by Larson, and
all voting in favor, the recommendation -was approved.
The recommendation of the Public Works Committee that the appointment of John Dolan
to the position of Traffic Engineer beginning March 3, 1969,-Grade 22, Step D, be approved
was read. Upon motion by Postier, second by Folkert, and all voting in favor, the
recommendation was accepted and the appointment confirmed.
The application of James-C. Anderson for an "off sale" non -intoxicating malt liquor
license -at Jim's Ranch Market, 1811 2nd Street S. W., was read and upon motion by Postier,
second by Larson, and all voting in favor, the application was referred to the Public
Safety Committee.
The applications of Huey's Drive In Liquor Store,Inc.; Andy's Liquor, -Inc.; Deluxe
Liquor Store of Northbrook, Inc.; Gopher Liquors of Rochester, Inc.; -Rochester Liquor Supply,
Inc.; Buckeye Liquor Store, Inc.; Hillcrest Liquors, Inc.; Daly Liquor, Inc.; Peter H.
McHardy, Northgate Liquors; and Sam Golob and Milton Golob dba Bob's Liquor-Store'7 for
"off sale" liquor licenses were each read and upon motion by -Ellison, second by Postier, and
all voting in favor, the licenses were granted; subject to the approval of the Minnesota
State Liquor Control Commissioner.
The license bonds of Gopher Liquors of Rochester, Inc; and Huey's Drive In Liquor
Store; Inc. with Hartford Accident and Indemnity Company as surety; Hillcrest Liquors, Inc
and DeLuxe Liquor Store of North Brook Inc. with Western Surety Company as surety; Rochester
Liquor Store, Inc. and Buckeye Liquor Store; Inc. with Universal Surety Company as surety;
Milton Golob and Sam•Golob dba Bob's Drive -In Liquors and Andy's Liquor Store, Inc. -with
Northwestern -National Insurance Company -as surety; Peter H. McHardy dba Northgate Liquor
Store with United States Fidelity & Guaranty Company as surety; Daly Liquor, Inc. with -
Transamerica Insurance Company as surety, each in the amount of $1,000.00 were each read.
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Record of Official Proceedings of the `Common Council
of the City of Rochester, Minn., March 3, 1969
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Upon motion by Larson, second by Perry, and all voting in favor, the•bonds were approved and
the surety thereon accepted, subject to approval of the Minnesota State Liquor Control
Commissioner.
The application of John C. McFarlin for "On Sale" liquor license at 1613 North
Broadway was read and upon motion by Ellison, second by Postier, 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 semi
monthly bills in the amount of $87,269.30, a list of which are attached, be approved.
R. V. Ehrick, City•Attorney, read a resolution i.. _ :dhat the request of the
Northern Natural Gas Company for an increase in the retail rates for natural gas sold to firm
and interruptible customers within the City of Rochester be denied. A motion was made by
Ellison,•second by Postier, that the resolution be adopted as read. Mr.R. P. Hermann and Mr.
R. Bush were present in behalf of the Peoples Natural Gas Company and requested that the
Council -reconsider this action, Mr. Bush outlined again the reasons and figures why they felt
that an increase was justified. Upon motion by Perry, second by Folkert, and all voting in
favor, this•matter was tabled until the evening meeting after the hearings.
A motion was made by Larson, second by Ellison, that as soon as the audit of the b
in the Housing & Redevelopment Authority office is completed that the records and files be
transferred to the•City Clerk's office; all voted in favor.
A motion was then made by Postier, second by Brunnette; that the equipment in the offi
of the Housing & Redevelopment Authority office be purchased by the City at a fair and
equitable price and that the Finance Committee be given power to act on this; all voted in
favor.
Upon motion by Larson, second by Postier, and all voting in favor, the meeting was
adjourned until 7:30•o'clock P. M.
President DeVries called the meeting to order again at 7:30 o'clock P. M., the fol
ing members being present: President DeVries, Aldermen Brunnette, Ellison, Folkert, Larson,
Perry, Postier. Absent: None.
hearings:
President DeVries stated that this was the time and place set for the following
Hearing on street grading and surfacing, sanitary sewer, strom sewer; water main and
service connections in 19th Street Northwest and Block 4, Valhalla•4th Subdivision. Mr.
Arnold Mork of 30-11th Street N.E. was present and said he owned a piece of property on the
east side of Viking Drive and one just to the west of Viking Drive and inquired as to what th
grade would be. C. A. Armstrong, City Engineer, said the plans were drawn and if Mr. Mork
came to his office he could see them, he said what they tried to do was to eliminate the
ditches and end up with sidewalks and boulevards and•try to line up the property with the
abutting property if possible. Mr. Lester Stellmacher of 302-19th Street N.W inquired how
far east this improvement would go and Mr. Armstrong told him it would go far enougth east to
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of the City of Rochester, Minn., March 3, 1969
serve his property. Mr. Stellmacher said that unless Valhalla participates the same as he does
he is against the project. Mr. Robert Dashow, Jr. of 1307-14th St. N.W. said they had a piece
of property on the south side of the street and inquired if this would be assessed equally on
the both sides of the street; Mr. Armstrong said that this.was the standard procedure except
for corner lots. There was no one else present wishing to be heard. President DeVries
declared the hearing officially closed. A motion was made by Perry, second by Brunnette, to
proceed with the project; all voted in favor.
. Hearing on replacement of sewer and water service at certain properties abutting the
repaving project on 2nd Street S. W. from 5th to llth Avenue S. W. There was no one present
wishing to be heard. President DeVries declared the hearing officially closed. A motion was
made by Perry, second by Larson, to proceed with the project; all voted in favor.
Hearing on sanitary sewer and water main extension on the west side of T.H. 63 and
16th Street S. W. to vacated 17th Street S.W. Mr. Robert Dashow, Jr. was present in behalf.of
Mr. M. Bemel who owned property along here and said that Mr. Bemel was opposed to this because
he already benefits by sewer on 16th Street and the placement.of this development is such that
he would not benefit from it. There was no one else present wishing to be heard. President
DeVries declared the hearing officially closed. A motion was made by Brunnette, second by
Folkert, to proceed with the project; all voted in favor.
Hearing on proposed assessment for replacement of sidewalks in S. W. Rochester -
Sidewalk Project #1-1968. Mr. Lloyd Dickhut of 1010 West Center was present and ingired if
this assessment was made against the owner of the property at the time of the project or the
present owner, he said he did not own it when the sidewalk was constructed; he was told that
the assessment is levied against the property, not the owner. There was no one else present
wishing to be heard. President DeVries declared the hearing officially closed. A motion was
then made by Postier, second by Folkert, to proceed with the assessment; all voted in favor.
Hearing on proposed assessment for replacement of sidewalks in S.W. Rochester -Sidewalk
Project #2-1968., There was no one present wishing to be heard. President DeVries declared the
hearing officially closed. A motion was then made by Folkert, second by Postier, to proceed
with the assessment; all voted in favor.
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Hearing on propposed assessment for replacement of sidewalks in S.W. Rochester -Sidewalk
Project #3-1968. There was no one present wishing to be heard. President DeVries declared the
hearing officially closed. A motion was then made by Ellison, second by Brunnette, to proceed
with the assessment; all voted in favor.
Hearing on proposed assessment for replacement of sidewalks in S.W.Rochester-Sidewalk
Project,# 4-1968. 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 Brunnette, to proceed
with the assessment; all voted in favor.
Hearing,on proposed assessment for replacement of sidewalks in S.W.Rochester-Sidewalk
Project #5-1968. There was no one present wishing,to be heard. President DeVries declared the
hearing officially closed. A motion was then made by Ellison, second by Brunnette, to proceed
Record of Official Proceedings of the 'Common Council
40 of the City of Rochester, Minn., March 3. 1969
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with the assessment; all voted in favor. '.
Hearing -on proposed assessment for replacement of sidewalks in S.W.Roches:er Sidewal
Project # 6-1968. 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 wi
the assessment; all voted in favor.
Hearing on proposed assessment for construction of sidewalk approaches to Sunset
Terrace School Part 1-1968. Mr.David Gerber of 2424-21st Avenue N. W. was present and inquired
about the method of payment and how much it would cost him. He was told his total assessment
was $200.82 and he .could either pay it without interest within thirty days or he could pay for
it over a period of five years with interest at the rate of 5% on the unpaid balance. There was
no one else present wishing to be heard. President DeVries declared the hearing officially
closed. A motion was then made by Postier, second by Brunnette, to proceed with the assessment;
all voted in favor.
Hearing on proposed assessment -for construction of sidewalks approaches to Winston
Churchill School Part 1-1968. There was no-one present wishing to be heard. President DeVries
declared.the hearing officially closed. A motion was then made by Perry, second by Ellison, to
proceed with the assessment; all voted in favor.
Hearing on proposed assessment for construction of sidewalk approaches to Mayo High
School Part 2-1968. Mr. Donald Singleton of 1352-8th Avenue S.E. was present and spoke in fav
of this project. There was no one else.present wishing to be heard. President DeVries declar
the hearing officially closed. A motion was then made by Perry, second by Postier, to proceed
with the assessment; all voted in favor.
Hearing on -proposed assessment for construction of sidewalk on the south side of E1
Hills Drive N.W. from llth Avenue N.W. to center of block between 12th and 13th Avenue N. W. Thez
was no one present wishing to be heard. President DeVries declared the hearing officially close
A motion was then made by Folkert, second by Ellison, to proceed with the assessment; all voted
in favor.
Hearing on proposed assessment for sidewalk on south side of Elton Hills Drive N.W.
between llth Avenue N.W. and 9th Avenue N.W. Mr. John Booth of 1030 Elton Hills Drive was
present and inquired as to the cost and was told his assessment would be $191.52 and he also
said he felt there was something wrong with his sidewalk as there were little chunks coming up
out of his sidewalk and he was told this would be inspected within 48 hours. There was no one
else present wishing to be heard. President DeVries declared the hearing officially closed.
A.motion was then made by.Brunnette, second by Ellison,to proceed with the assessment; all vot
in favor.
Hearing on proposed assessment for sidewalks on the south side of 16� Street,N.W.
19th to 21st Avenue N. W. There was no one present wishing to be heard. President DeVries
declared the hearing officially closed. A motion was then made by Postier, second by Brunnette,�
to proceed with the assessment; all voted in favor.
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Hearing on proposed assessment for extension of sanitary sewer and water main on sout
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side of 2nd Street S. W. from the center of 19th Avenue-S.W. to a point 60 feet west. There was
no one present wishing to be heard. President DeVries declared the hearing officially closed.
A motion was then made by Postier, second by Folkert, to proceed with the assessment; all voted
in favor.
Hearing on proposed assessment for grading and paving 13th Avenue S.E. and Old T.H.
#20 from 4th Street S. E. to T. H.*#14 including water and sewer main between 8th*and loth Street
S. E. A petition with 18 signatures objecting to the proposed -assessments as they felt this
route is used as a highway and therefore, property owners should not be compelled to pay for it,
was read and ordered placed on file. Mrs.Eugene Pehler of 626-13th Avenue S.E. was present and
was told that she should not have received a notice as her -property was not affected and the
notice was sent in error. C. A. Armstrong, City Engineer, said that only a small portion of this
project is paid by the property owners and what they are being assessed for is sidewalk and a
small amount of curb and gutter. 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
Ellison, to proceed -with the assessment; all voted in favor.
Hearing on proposed change of zoning on land lying south of 7th Street N.W. and north
of the C.N.W.Ry and west of the C.G.W.Ry from F-District to M-2 District. There was no one
present wishing to be heard. President DeVries declared the hearing officially closed. A
motion was then made by Peiry,•second by Postier, that the City Attorney be instructed to prepare
an ordinance making the requested zone change, subject to the City Engineers valuation of the
new flood plan study and indicating level before a building permit is issued; all voted in favor.
(The City Engineer to recommend as to the elevation of this street).
Hearing on proposed change of zoning on Lots 6, 7 and 8, Auditor's Plat "D" (1616-
land 1624 7th Street N.W.) from the R-1 District to the M-1•District. There was°no one present
1wishing to be heard. President DeVries declared the hearing officially closed. A motion was
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then made by Ellison, second by Folkert, that the City Attorney be instructed to prepare an
Jordinance making the requested zone change; all voted in favor.
Hearing on proposed change of zoning on west 77 feet of Lots 2 and 3, and East 15 feet
of Lot 4, less South 10.3 feet thereof, Block [v2, Morse & Sargeants Addition (913-914-915 - 4th
Street S. E.) from R-3 to B-la District. Mrs.Viola Lovegren of 316=9th Avenue S.E. was present
and said many of the neighbors were opposed to this now because they had been told this would
just be changed fora grocery store but they felt now if the zone change was made the owner
could put in anything they wanted. 'Mr. Edgar Jensen,the petitioner, was present and said his
proposal was to build a neighborhood grocery store and he had also purchased an additional lot
to provide for the parking of 6 t0 8 cars, and this store would be open from 7:00 a.m. to
Ll:00P.•M. Mr. Harold Washburn of 308-9thAvenue S. E. spoke in opposition, he said he felt if
this property was changed then all'the-property along here should be changed to the same zoneing
district. Mr. Kenneth Christopherson of 815 - 4th Street•S. E. was present and inquired if they
could drive off of this property on to 4th Street; he was told this would justify two driveways,
maximum of 22 feet; Mr. Tom Moore stated that years ago Mr. Christopherson did have a driveway
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expressly prohibited so if he wanted to have.front yard parking the building.would have to be
moved back; Mr. Moore said he considered this requested zone change as spot zoning. Mr.
Herbert Pattinson of 1003 - 4th Street S.E. was present and spoke in favor, he said he felt the,
need a store and.here.and could not see why the two could not exist side by side. After further,
discussion a motion was made by Ellison, second •by iLarson, instructing the City Attorney to
prepare an ordinance making the requested zone change, and.upon roll call,,Brunnette, Ellison,
Larson, Perry and DeVries voting "aye" and Folkert and Postier voting "nay", President DeVries
declared the motion carried and the City Attorney instructed to prepare the said ordinance.
Hearing on the petition to vacate the north -south alley in Block 34, Original Plat.
A petition with 11 signatures opposing the said vacation was read. Mr. Robert Martin of 212 -
20th Avenue S.W. inquired if closing this alley would hamper access for the fire trucks but
was told by the Fire Chief it would not, Mr. Martin also said according to Section 212 of the
City Charter the City should receive payment for this property and recommended that this be
carried through. Mr. Jerry Young of 208 - 5th Avenue N. W. also said he felt this property
should be paid for, he said he was a taxpayer and did not feel these properties should be given
away when the City was in need of money. Mr. Joe Dingle, Attorney representing the petitioner,
was also present and urged that this vacation be granted, he said the Post Bulhtin had agreed
to access to the Town House and had also agreed to pay all the costs of relocating. Alderman
Larson inquired if it was legal to accept payment for an alley like this when it was originall
dedicated to the City; R. V. Ehrick, City Attorney, said the provision in the charter would
probably not be applicable because the alley was dedicated to the City years before the Charte
was adopted; he also said the necessary easements and agreements had been signed. There was n
one else.present wishing to be heard. President DeVries declared the hearing officially close
A motion was then made by Brunnette, second by Folkert, instructing the City Attorney to
a resolution vacating the said alley; all voted in favor.
R. V. Ehrick, City Attorney, again read a resolution that the request of the Northern
Natural Gas Company for an increase in the retail rates for natural gas sold to firm and
interruptible customers within the City of Rochester be denied at this time. The resolution
read as follows:
"BE IT RESOLVED by the Common Council of theCity of Rochester that the request
of the Northern Natural Gas Company for an increase in the retail rates for
natural.ga$ sold nto Firm and Interruptible customers within the City of Rodrester
be denied at this time. The data furnished by Northern Natural Gas Company in
support of its requested increase discloses that a more than.reasonable rate of
return was realized during the years 1964 to 1968, inclusive. In fact, it
appears.that the rate of return over this period has averaged (after federal and
state income taxes) more than 11% on net plant at original cost and more than 8%
on what the company defines as net plant - fair value.
The requested increase is based in large part upon an increase in the contract
demand charge from $3.061 to $3.57 per Mcf and an increase in the commodity charge
from $.2314 to $.2484 per Mcf which are not yet approved by the Federal Power
Commission, but which became collectible under bond from and.after February 10,
1969. The City's past experience in basing gas rate increases upon filings with
the Federal Power Commission_forincreases in contract demand and commodity charges,
has not been satisfactory and accounts in part for the unusaually high rates of
return realized by the Rochester Division of Northern Natural Gas Company during
the past five years.
Furthermore, the requested increase in rates chargeable in Rochester is based
upon projected or estimated sales and expenses for the year ending December 31,
1969. While the City does not question the integrity of.Northern Natural Gas
Company in making these projections, the fact remains that many of these
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projections are subject to variables which make projections difficult.
Therefore, be it further resolved that Northern Natural Gas Company is hereby
requested to file its annual report covering the calendar year 1968 as required
by Section 291 of the Charter of the City of Rochester and Section 210.010 of the
Rochester Code of Ordinances and is requested to file an interim report covering
the six months period ending June 30, 1969 and that the matter of the requested
gas -rate increase will be considered at the time actual operating figures for
that period are received by the City. Although Northern Natural Gas Company may
realize a reduced rate of return for the current fiscal year, past experiences
and the rate of return realized for the five years ending September 30, 1968 do
not indicate that the decisions of the City to wait until actual current
operating figures are available, is unreasonable."
A motion was then made by Perry, second by Postier, that the said resolution be adopted as read,
and upon roll call and all voting in favor, President DeVries declared the said resolution duly
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passed and adopted.
The application of •Marc Carpenter for an "on sale" intoxicating liquor license was
read and upon motion by Perry, second by Postier, and all voting in favor, the same was referred
to the Public Safety Committee.
Mr. John Hoisington of 608 - 2nd Street S.W. was present and stated that he had
receivedyenotice from the Planning & Zoning Department that he can no longer use signs on
property while they are repairing houses, he said they ususally put their signs on the lawns
and 10 days to two weeks are the longest that they leave them. Tom Moore, Planning Director,
saidthe R-S and R-1 Districts are rather restricted as to placing signs or placards in the
present ordinance. Upon motion by Postier, second by Folkert, and all voting in favor, this
matter was referred to the Planning 6Zoning Commission to take under advisement and discussion
and report back to the Council within 30 days.
A motion was made by Perry, second by Postier, that the following resolution be
considered in block; all voted'in favor. A motion was then made by Folkert, second by Ellison,
that the resolutions be adopted as read; all voted in favor:
Resolution adopting assessment for replacement of sidewalks in S.W. Rochester -
Sidewalk Project #1-1968.
Resolution adopting assessment for replacement of sidewalks in S. W. Rochester -
Sidewalk Project # 2-1968.
Resolution adopting assessment for replacement of sidewalks in S. W. Rochester -
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Sidewalk Project #3-1968.
Resolution adopting assessment for replacement of sidewalks in S. W. Rochester -
Sidewalk Project #4-1968.
Resolution adopting assessment for replacement of sidewalks in S. W. Rochester -
Sidewalk Project #5-1968.
Resolution adopting assessment for replacement of saidewalks in various locations -
Sidewalk Project # 6-1968.
Resolution adopting assessment for construction of sidewalk approaches to Sunset
Terrace School - Part 1-1968.
Resolution adopting assessment onconstruction of sidewalks approaches to Winston
Churchill School Part 1-1968.
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1968.
Resolution adopting assessment on sidewalk approaches toMayo High School - Part 2-
Resolution adopting assessment on construction of concrete sidewalk on south side of
Elton Hills Drive-N.W. from llth Avenue N. W. to center of the block between 12th and 13th
Avenue N.W.
Resolution adopting assessment for construction of sidewalk on south side of Elton
Hills Drive N. W. between llth Avenue N. W. and 9th Avenue N. W.
Resolution adopting assessment on construction of sidewalk on the south side of 16�
Street N. W. from 19th Avenue to 21st Avenue N. W.
Resolution adopting assessment -for extension of sanitary sewer and water main on the
south side of 2nd Street S. W. from the center of 19th Avenue S.W. to a point 60 feet west.
Resolution adopting assessment for grading and paving 13th Avenue S. E. and Old T. H.
#20 from 4th Street'S. E. to T. H. 14 including water main and sewer main between 8th and loth
Street S.E.
Resolution authorizing Public Utility Board to enter into purchase order contract wi
Crescent. Electric Company for furnishing 32 street light standards $2,928.00).
Resolution authorizing Public Utility Board to enter into purchase order contract wi
Graybar Electric Company, Inc. for 15 KV Cable $7,817.16.
Resolution -authorizing Public Utility Board to enter into purchase order contract wi
General Electric Supply Company for 6000 ft. of #2-15KV Cable $2,016.00,
Resolution authorizing Public Utility Board to enter into purchase order contract wi
Graybar Electric Company, Inc. for 2,000 of #2/0,.15 KV Cable $1,232.04.
Resolution approving and authorizing Public Utility Board to purchase $40,000.00
Federal Home Loan Bank Bonds from Rochester State Bank.
Resolution authorizing Public Utility Board to purchase $199,613.61 U. S. Treasury
Bills from Rochester State Bank.
Resolution authorizing and directing Mayor and City Clerk to execute agreement with
County of Olmsted to provide for orderly acquisition of right-of-way as proposed county highway.
Resolution authorizing and directing Mayor and City Clerk to execute agreement No.
555986M with State of Minnesota, Department.of Highways (install control lane signal system at
T. H. 52 west ramps on 37th St.N.W.).
Resolution authorizing and directing City Clerk to advertise for sealed proposals for
furnishing parking meter mechanisms,for City of,Rochester.
Resolution approving -plans and specifications and ordering bids -for- sanitary sewer
water main extensions on the west side of T. H. 63 from 16th Street S.W. to vacated 17th St. S.
Resolution that First Unitarian Church be granted waiver of complaince to convey
property by metes. and bounds (that part of Lot 11,-Block 2, Folwell Heights 4th Addition lying
adjacent to.and North of Lot 12, Block 2, Folwell Heights -Fourth Addition).
An Ordinance amending Ordinance No. 1466 entitled "An Ordinance establishing within
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City of Rochester an Urban Service District and a Rural Service District as separate taxing
stricts" (lands in Sections 21 and 22-107-14 owned by I.B.M.), was given its second reading.
motion by Perry, second by Brunnette,-and upon roll call and all voting in favor, the rules
suspended and the ordinance was given its third and final reading. A,motion was then made
y Brunnette, second by Postier, that the said ordinance be adopted as read and all voting in
avor, President DeVries declared.the said ordinance duly passed and adopted.
An Ordinance annexing,to,the City of Rochester, Minnesota certain unplatted land not
two hundred acres in area, being.in the Northwest Quarter of Section Four, Township
Hundred Six North, Range Fourteen West, Olipsted County,.Minnesota (lands in NWk of
ction 4-106-14) was given its third and final reading.. A motion was: made by Ellison, second
Brunnette, that the said ordinance be adopted as read and all voting in favor, President
declared the said ordinance duly passed and adopted.
An Ordinance amending an Ordinance entitled "An Ordinance for the purpose of promoting
lth, safety, order, convenience and general welfare by regulating the use of land,.the location,
ize, use and height of buildings, and the arrangement of buildings on lots, and the density of
lation within rhis.City of Rochester, Minnesota all in accordance with a comprehensive plan
(changing Lot 1, Resurrection Parish Subdivision to R-3) was given.its third and final reading.
motion was made by Perry, second by Postier, that the said ordinance be adopted as read and
11 voting in favor, President DeVries declared the said ordinance duly passed and adopted.
An Ordinance relating to the residencey of Police Officers and amending Section 35
f the Charter of the City of Rochester, was given its third and final reading. A motion was made
Perry, second by Postier, that the said ordinance be adopted as.read and upon roll call and
all voting in favor, President DeVries declared the said ordinance duly passed and adopted.
A resolution amending the comprehensive resolution establishing parking, truck loading,
loading, parking meter regulations, etc, as -follows, was.read:
(1) Section _B, No Parking Zones, Streets, is hereby amended so as to read in
its entirety as follows:
(130) llth Avenue Northwest on the east side of the street: (a) from Center
Street to loth Street at all times; and (b) from Tenth Street to 14th Street
between the hours of 7:00 a.m. and 6:00 p.m. on week days only.
,motion by Perry, second by Postier, and all voting in favor, resolution adopted.
A resolution that as a result of the_elwtion held on February 25, 1969 and the decision
f the voters of the City of Rochester opposing the downtown renewal plan, the Housing and
nd Redevelopment Authority of Rochester, Minnesota is hereby requested to notify the Department
f Housing and.Urban Development of the United States Government that the City will not be
aking any further action in connection with its -Survey and Planning Application and agreement
ated August 10, 1965, was,read. Upon motion by Postier, second by Ellison, and all voting in
avor, resolution adopted.
Resolution amending Section 6, paragraph h of the resolution establishing a city
loyment policy, was read. Upon motion by Postier, second by Ellison, and all voting in favor,
solution adopted.
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A resolution amending the resolution establishing parking, -truck loading, passenger
loading, parking meter regulations and provisions, as follows, was read and upon motion by
Perry, second by Postier; and all voting in favor, the resolution was adopted:
(1) Section B, No Parking Zones, Streets, is hereby amended so as to read in
its entirety as follows:
(127) Eleventh Avenue Northeast on'the east side of the street from Center
Street.to the alley north thereof, a distance of 145 feet, more or less, at
all times; and on the west side of the street from Center Street to the
Chicago Northwestern Railway tracks, at all times.
(2) Section E, Passenger Loading Zones, is hereby amended by adding thereto
paragraph (1.7) to read in its entirety as follows:
(1.7) South -Broadway on the east side of the street in front of the premises
known as the Sheraton Hotel, from Third Street Southeast to a point 150 feet,
more or less, north of Third Street Southeast.
A resolution amending a resolution establishing a Position -Classification Plan and A
Compensation Plan for Employees of the City of Rochester, as follows, was read and upon mot
Postier, second by Ellison, and all voting in favor, resolution adopted:
Section 4, (d) Pay Rates in Promotions, is hereby amended in its entirety
to read as follows: .
(d) Pay Rates in Promotion
"In departments other than Fire and Police, when an employee is
promoted to another position, his beginning salary shall start at
an rppropriate step for the position and he shall be treated as a
new employee in regard to merit step increases as described in
paragraph a of thissection 4.
Employees in the Fire and Police departments ahsll be paid,
uponpromotion schedules adopted by the Common Council"/.
A resolution vacating the public alley as platted and dedicated in Block 34, Original
Plat of the City of Rochester, was read. Upon motion by Ellison, second by Folkert, and all
voting in favor, the resolution was adopted.
A resolution amending the resolution establishing taxicab stands on the streets of
Rochester by adding thereto paragraph (11) Three taxicab stands on Third Street Southeast on
the north side of the street in front of the motor entrance to the Sheraton Hotel, was read.
Upon motion by Perry, second by Brunnette, and all voting in favor, the resolution was adopt
C. A. Armstrong, City Engineer, said that Dan Dineen had requested a permit for
driveways at the corner of Elton Hills Drive and 3rd Avenue N. W., the cost of these would be
about $12,000.00 and they would be quite a distance from the road, he said he had issued a
regular driveway permit but in view of the fact that they were costing so much he wanted it
approved further. Upon motion by Ellison, second by Postier, and all voting in favor, the -
matter was referred to the Public Works Committee and the Planning & Zoning Commission.
Upon motion by Folkert, second by Ellison, and all voting in favor, the matter of
further studying the ambulance procedures was referred to the Public Safety Committee.
Alderman Folkert said that about six months ago a committee was appointed to study the
ambulance problem locallay with the idea they come back with a proposed ordinance in regard
to ambulance service in this area, the committee is no longer meeting but they got to a point
where a rough draft was prepared and he would like to see this reviewed by the Public Safety
Committee.
Alderman Folkert said that many people in his area had been calling and contacting
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in regard to flood control, he said various people had inquired about getting sand and sand
bags and.what precautions could be taken. C. A. Armstrong, said that bags and sand were
available at his department and.could be picked up there at any time. Also it was noted that
an article was going to appear shortly in the Post Bulletin.giving information on this.
Upon motion by Postier, second by Ellison, and all voting in favor, the meeting was
adjourned until 3:00 o'clock P. M. on March 12, 19690.
City Clerk