HomeMy WebLinkAbout07-07-1969Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., July 7, 1969
Minutes of a regular meeting of the Common Council of the City of Rochester,
IMinnesota, held in the Council Chambers in the City Hall, in said City, on July 7, 1969.
President DeVries called the meeting to order at 2:00 o'clock P. M., the
following members being present: President DeVries, Aldermen Cherland, Folkert, Larson,
ILudowese, Strain. Absent: Alderman Postier.
Upon motion by Folkert, second by Ludowese, and all present voting in favor, the
minutes of the meetings of June 16th, June 21st and July 1st, 1969 were approved.
A letter from David Pennington, Co -Manager of Pennington Properties, thanking
the Council the help and cooperation in getting their property annexed and rezoned, was read
land ordered placed on file.
A letter from the Kahler Corporation requesting permission to apply approximately
12" of stone on the exterior columns at first floor level was read and upon motion by Folkert,
second by Strain, and all present voting in favor, the letter was referred to the Planning and
lZoning Commission.
A letter from the International Conference of Building Officials stating that
Ithe annual meeting would be held in Salt Lake City, Utah, September 1-5, 1969 and urging that
IMr. J. E. Koskovich attend was read and the same was ordered placed on file and copy to be
Isent to Mr. Koskovich.
A letter signed by William A. Billman, Traffic Operations Supervisor for the
State of Minnesota, Department of Highways stating that as requested by resolution of the
Common Council dated June 17th, 1969 they will restrict parking on the West Frontage Road of
Trunk Highway No. 52 from 19th Street Northwest to the Trunk Highway No. 52 Off Ramp, they
expect the signs for this parking restriction will be installed in the near future, was read
and ordered placed on file.
Two resolutions adopted by the Public Utility Board (a) requesting permission
to enter into purchase order contract with Crescent Electric Supply Company for three
transformers $5,277.00 and (b) requesting permission to enter into purchase order contract
with Crescent Electric Supply Company for 40 street light standards $7,516.00, were each read
and upon motion by Strain, second by Cherland, and all voting in favor, the resolutions were
approved.
A letter from C. A. Armstrong, City Engineer, recommending approval of Change
Order No. 2 (credit #2) dated June 17, 1969, on the contract for additional Wastewater
Treatment Facilities, was read and upon motion by Cherland, second by Folkert, the same was
approved and the Mayor and City Clerk instructed to execute the same; all present voted in favor.
The following petitions and applications were read and upon motion by Folkert,
second by Ludowese, and all present voting in favor, the same were referred to the Planning
and Zoning Commission:
1. protest with 7 signatures against granting variance at 1413 - 15k
Ave. N. W.
2. petition for zone change on property west of 3rd Avenue between 9k
Street and 7th St. S.E. by Paul Moore and Elizabeth Lowry, trustee.
3. appliation for approval of shopping center - Paul Moore and Elizabeth
Lowry, trustee.
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4. application for plat approval K-Mart Plaza.
5. application for conditional use - Albert Spiess.
6. application for preliminary plat approval - Hendricks Subdivision.
7. application for preliminary plat approval - Valley High 3rd Subdivision.
A letter from C. A. Armstrong, City Engineer, recommending approval of the proposal,
for engineering services from Wallace, Holland, Kastler & Schmitz for 19th St. N. W. from Wes
River Road to 1700' West, Northern Hills First Subdivision and Indian Heights Third Subdivisi
present
was read and upon motion by Larson, second by Ludowese, and all/voting in favor, the
recommendation was accepted and the City Attorney instructed to prepare a resolution
authorizing execution of the said proposals.
A recommendation from the Personnel Advisory Committee that the salary of Rocco
Corso, Long Range Planner, be adjusted to 19F ($823) as of September 1, 1969, his first
anniversary date, was read and upon motion by Folkert, second by Cherland, and all present
voting in favor, the recommendation was approved.
A recommendation from the Personnel Advisory Committee that the two resolutions
adopted by the Park Board be approved (a) that Patricia Fleming -be -employed as the Accountant
Clerk, effective July 9, 1969 at a pay grade of 2-C ($335) and (b) that pay grade 7 be esta-
blished for the position of Assistant Director of Maintenance ($597 to $727), that the
position of mechanic be established at a rate of 3.58 per hour and two present employees of
the Park & Recreation Department be=transferred to these positions, and the position of
Assistant mechanic be abolished and=(3) the number of E.O. 11 Authorized -positions are hereby
reduced from 8 to 7 for this department, was read: Upon motion by Strain, second by Folkert,
and,all present voting in favor, the recommendation was approved. '
A letter from the Rochester Airport Commission that the Common Council approve
periodic estimate #2 for FAA Project No. 9-21-079-C911 to Arcon Construction Company, Inc.
in the amount of $220,784.04 and to•McGhie & Betts, Inc. for Engineering Services (same
project) in the amount of $10, 225.53 and that the Mayor and City Clerk be authorized to
.execute the accompanying documents, -was read. Upon motion by Folkert, second by Ludowese, a
all present voting in favor, the recommendation was approved and the payments authorized.
A letter from Ray McKenny, McKenny's Service at 704 - 12th Street S. E. for a
conditional use permit for rentals of U-Haul equipment from his location, was read and upon
motion by Folkert, second by Strain, and all present voting in favor, the letter was referred
to the Planning & Zoning Commission.
A letter signed by W. 0. Woodman, Vice President of the Olmsted County Fair Board,
requesting a beer license to operate the Beer Parlor at the Olmsted County Fair from July 28
to August 3, 1969 inclusive, was read. Upon motion by Cherland, second by Strain, and all
present voting in -favor, the req;{uest was referred to the Finance Committee to set the fee,
with power to act.
A letter signed by Art Towey, City Weighmaster, requesting that he be allowed to
move into Pleasant Grove Township and also that his present salary be considered, was read
and upon motion by Folkert, second by Strain, and all present voting in favor, the letter was
referred to the Personnel Advisory Committee.
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�yb Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., July 7, 1969
A letter from Crescent Park, Inc. requesting authority to construct streets,
storm sewers, water mains and sewer and water service lines in Crescent Park 8th Addition
according to plans and specifications prepared by the City Engineer, was read and upon motion
by Ludowese, second by Cherland, and all present voting in favor, the letter was referred to
the Public Works Committee.
A letter from Industrial Opportunities, Inc. requesting permission to design
and operate a private well in ValleyHigh Third Subdivision south of the Waters Company new
plant in Valleyhigh Second Subdivision, more specifically in an area between 7th Street and
the Chicago Northwestern Railroad, was read. Upon motion by Larson, second by Ludowese, and
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all present voting in favor, the letter was referred to the Public Health Department and to the
Public Utility Department.
The following tabulation of bids were received and opened at 11:00 o'clock this
morning and the same was ordered placed on file:
City Engineers
1. Construction of sidewalk on north side of 22nd Street N. W. from 18k Avenue Estimate
N. W. to 21st Avenue N. W.
C. M. Boutelle & Sons $3,497.90 $3,532.75
Doyle Conner Company 3,431.19
Mahoney & Pearson 3,157.64
E. J. Vonch 3,074.00
2. Construction of sidewalk on north side of 23rd Street N. W. from 18k Avenue N.W.
to 21st Avenue N. W. ,
C. M. Boutelle & Sons 2,527.20 2,552.40
Doyle Conner Company 2,478.90
Mahoney & Pearson 2,281.38
E. J. Vonch 2,220.90
3. Sidewalk Project #20-W-A-1969 - sidewalk on the east side of 15th Avenue N. W.
from Cascade Street to 29th Street N. W. and on the south side of 30th Street
N. W. from 16th Avenue and 29th Street intersection to 12th Avenue N. W.
C. M. Boutelle & Son 5,854.10 5,875.05
Doyle Conner Company 5,714.41
Mahoney & Pearson 5,151.52
E. J. Vonch 5,115.80
4. ,Removal of structures on property at 207 and 211 EastCenter Street.
Riverside Sand & Gravel 1,800.00
Doyle Conner Company , 1,345.00 ,
Only one bid was received for furnishing and,installation of a traffic actuated
signal and street light at 2nd Street and 6th Avenue S. W., the bid of H & H Electric Company.
Upon,motion by Strain, second by Ludowese, and all present voting in favor, the City Clerk was
instructed tq open the one bid. The bid of H & H Electric Company in the amount of $18,150
was opened and upon motion by Folkert, second by Ludowese, and all present voting in favor, the
bid was referred to the Public Works Committee for recommendation. The City Engineer's
estimate in the amount of $16,900.00 was read and ordered,placed on file.
The recommendation of the Planning & Zoning Commission that the application for
approval of a conditional use to allow the property at 406-4th Street S. W. to be used as an
interior design office be approved subject to the provigions of two off-street parking spaces,
was read. Upon motion by Larson, second by Strain, and all present voting in favor, the
recommendation was approved and a hearing was set for 7:30 o'clock P. M. on,August 4, 1969.
The recommendation of the Planning & Zoning -Commission that the application for
approval of a variance to allow the property at 1413 - 15k Avenue N. W. to be used as a two-
family dwelling be denied, was read and upon motion by Folkert, second by Strain, and all
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present voting in favor, the recommendation -was accepted and the variance denied.
The recommendation of the Planning & Zoning Commission that the petition to change
the zoning districting on property located in the N. W. Quarter of Section 33, T107N, R14W,
lying east of Country Club Manor and North of the Drainage Easement from the R-1 District
to the R-4 District be approved was read. Upon motion by Ludowese, second by Cherland, and
all present 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 August `.4, 1969.
The recommendation of the Planning & Zoning Commission that the petition tichange
the zoning on Lots 14-19, Block 1, Meadow Park 5th Subdivision and on Lots 1-10, Block 4,
Meadow Park 8th Subdivision from the R-1 to the R-2 District be approved was read. Upon
motion by Strain, second by Cherland, and all present 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
August "14, 1969.
The recommendation of the Planning & Zoning Commission that the petition to vacate
the East-West alley in Block 2, Head 7 McMahon's Addition (alley east of 5th Avenue S. W.
and between 3rd St. S.W. and 4th St. S.W.) be approved subject to the provision of a drain
easement for the College Apartments was -:.read. Upon motion by Cherland, second by Strain, a
all present voting in favor, the recommendation was approved and the City Attorney was
instructed to prepare a resolution ordering a hearing on said vacation.
The recommendation of the Planning & Zoning Commission that the proposal of the
Park Board to acquire a park site in the area west of Graham Addition and East of the Zumbro,
River be approved was read. Upon motion by Strain, second by Ludowese, and all present
voting in favor, the recommendation was referred to the Public Safety Committee.
The recommendation of the Planning & Zoning Commission that the application for
approval of the final plat of Manor Woods First Subdivision be approved,was.read. Upon
motion by Cherland, second by Folkert, and all present voting in favor, the recommendation
was approved and a hearing on approval of the plat was set for 7:30 o'clock P. M. on
July 21, 1969.
The recommendation of the Planning & Zoning Commission that the applic.�don for
approval of the final "plat of Meadow Park 8th Subdivision be approved subject to the
necessary signatures being added to the plat and to the requirement that sidewalks be added
in this area was read. The owners requested that this matter be tabled for some time so a
motion was made by Larson, second by Strain, and all present voting in favor, that this plat
.and recommendation be tabled until further nctification from the owner.
The recommendation of the Planning & Zoning Commission that the application for
approval of the preliminary plat of Northwood 3rd Addition be approved subject to (1) the
cul-de-sac street proposed to go thru Lot 16 of Kellogg Hills Subdivision should be enlarged
to include all of Lot 16, the extra right-of-way will probably be needed for cut and fill
sloping and this change would also eliminate the possibility of theCity ending up owning two
small and unuseable parcels ofland (2) the twenty (20) foot easement along the east side of
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., July 7, 1969
Lot 10 and.the the (10) foot easement between Lots 5 and 6 should both be designated as utility
and sidewalk easements (3) the plan presented here shows an easement linking the north end of
Northwood Drive with Lot 10, this easement is not only outside the area of the plat but it
also does not currently exist, this easement must be provided before the final plat for this
area is filed with the City for approval and (4) a.ten foot utility easement is needed along
the south side of Lots 2 and 3 to serve the sewer needs of these two lots, was read. Upon
motion by Ludowese, second by.Larson, and all present voting in favor, the recommendation was
accepted.
The recommendation of the Planning & Zoning Commission that the petition to annex
to the City of Rochester a strip of land about 6 miles long extending along U. S. 63 to the
Airport be approved subject to the feasibility of extending or providing City services to the
area, was.read. Mr. Jerry Ring, Attorney representing the petitioners, was present and urged
that the Council proceed with the annexation as soon as possible, he said the only type of
development permitted along this area now was the low population density type and unless
something was done you would end up with the approach to the airport being nothing -but truck
stops, oil stations, etc., he requested that the Council adopt a resolution in favor of this
annexation and send to the Municipal Commission. Mr. Franklin Michaels, Attorney said he was
representing the Township of Rochester and also the Township of High Forest and they objected
to this annexation on the grounds of the planning and recommended that no encouragement be
given until the report of Wallace, Holland, Kastler & Schmitz has been completed and analyzed.
Mr. Kastler of the firm of Wallace, Holland Kastler & Schmitz, was present and stated that
such a report would be ready within the next 30 days. A motion was then made by Ludowese,
second by Folkert, that this be referred to the Public Works Committee; all present voted
in favor.
Mr. Steve Kereakos was present and said they,had placed 14 signs around theCity
on private property to advertise the "Greek Festival" -to be held on July 20, 1969 at the
Fairgrounds, the signs were about 4' wide, 32" high and set on snow stakes about 5 feet off
the ground, he said this morning he had a call from the Zoning Inspector informing him that
he had to get a permit to place such signs from,;the Common Council, he said they were not
aware of such a requirement and was here now asking for a permit to place these fourteen
temporary signs. A motion was made by Strain, second by Ludowese, that a permit be granted
for placing of the 14 temporary signs; all present voted in favor.
Upon motion by Ludowese, second by Larson, and all present voting in favor, a
short recess was declared at 3:45 P. M.. The meeting was called to order again at 4:15 P. M.
with all members being present except Alderman Postier.
The recommendation of the Public Safety Committee that Paragraph 20, Truck
Loading Zones, Section D of the Master Parking Resolutions be rescinded in its entirety. -
this reads "7th Street N. W. on the south side of -the street 30 feet more or less in front
of the premises known as 14 7th Street N. W.", was read. Upon motion by Ludowese, second by
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Folkert, and all present voting in favor, the recommendation was approved and the City
Attorney was instructed to prepare the necessary -resolution.
The recommendations of the Public Works Committee and,Public Safety Committee that
parking be prohibited at all times on the west side of 14th Avenue S. W. from,2nd Street to
150 feet more or less south of the center line of the access drive -to the St. Mary's Hospital
property at all times, was read. Upon motion by Larson, second by Strain, and all present
voting in favor, the recommendations were approved and the City Attorney was instructed to
prepare the necessary resolution.
• The recommendation of the Finance Committee that the Council adopt the policy of
submitting an application for Federal Assistance grants on water and sewer facilities
constructed within the City of Rochester, Minnesota, was read. Upon motion by Larson,
second by Ludowese, and all present voting in favor, the recommendation was approved.
The recommendation of the Public Works Committee that the Council initiate a local
improvement project for extension of sanitary sewer and water service connections in 13th
Ave. S. W. from.9th St. S.W. to serve Lot 55 less the north 10 feet thereof, and all of Lots
56, 57, 58 and 59 in Clobk 1 Collegeview Addition, was read. Upon motion by Larson, second
by Ludowese, and all present voting in favor, the recommendation was approved.
The feasibility report of the City Engineer that extension of sanitary sewer and
water service connections in 13th Avenue S. W. from 9th St. S. W. to serve Lots-55-less the
north 10 feet thereof and all of Lots 56, 57, 58 and 59 in Collegeview Addition is feasible
and recommends its construction, estimated costs are 1,630.00, was read together with the
recommendation of the Public Works Committee that this be approved with the costs assessed
against the benefited property. Upon motion by Larson, second by Ludowese, and all present
voting in favor, the recommendation was approved.
The amended feasibility report of the City Engineer that construction of curb and
gutter on both sides of 5th Street S. W. from 15th Avenue to 16th Avenue S. W. and the west
end of 5th St. S.W. and sidewalk replacements on the south side as required ;§ is feasible,
this project was originally petitioned for the south side and after the hearing the Council
decided to include both sides of 5th Street which it now does and also includes replacement
sidewalks which have been condmned because of their hazardous condition, the estimated costs
are $5,150.00, was read together with the recommendation of the Public Works Committee that
this project be approved with the costs assessed to the abutting properties. Upon motion by
Larson, second by Cherland, and all present voting in favor, the recommendation was approved.
The feasibility report of the City Engineer that construction of sewers, water main.
grading and.surfacing on 41st Street N. W. from 18th Avenue N. W. to Trunk Highway 52 Frontagl
Road is feasible and recommends construction, estimated cost is $143,980.00, was read togethel
with the recommendation of the Public Works Committee that this project be constructed with
the costs being assessed to property presently within the city limits on a,deferred basis to
the property presently outside of the city limits, the Pennington property is also subject to
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., July 7, 1969
a deferred assessment for previously constructed improvement as follows: (1) Northwest Water
Tower 22.68 acres @ 186.91 per acre - $4,239.12 and (2) I.B.M. Trunkline Sanitary Sewer 22.68
acres @ 82.53 per acre $1,871.78. Upon motion by Ludowese, second by Strain, and all present
voting in favor, the recommendation was approved.
The feasibility report of the City Engineer that grading and surfacing of 7th St.
N.°W.from Chicago Greatwestern railroad to West line of Valleyhigh Second Subdivision is
feasible and recommends its construction, estimated cost is $65,000, was read together with
the recommendation of the Public Works Committee that this project be constructed with the
costs assessed to the abutting property owners and McGhie & Betts to be designated as
engineers to prepare plans and specifications. Upon motion by Larson,.second by Ludowese,
and all present voting in favor, the recommendation was approved.
The recommendation of the Public Works Committee that Change Order #3 of the
contract with Rochester Sand & Gravel Company for construction of 3rd Avenue N. W. and West
River Road from 19th St. N.W. to the north line of Valhalla Subdivision, this change order
provides for deleting from this contract the bituminous surfacing.on the Section of.West River
Road which is north of Elton Hills Drive, it is proposed to defer this surfacing until its
northerly extension thru the Geselle property can also be constructed and until this northerly
extension is constructed, the section north of Elton Hills Drive does not serve the purpose
for which it is intended, and ti is deemed best -to -defer the surfacing until that time, was
read. Upon motion by Folkert, second by Ludowese, and all present voting in favor, the
recommendation was accepted and change order #3 approved.
The recommendation of the Public Works Committee that the preliminary plan of
Ithe Minnesota Department of Highways for the improvement of Trunk Highway #14 on 12th Street
IS. E. between 1st Avenue S. E. and llth Avenue S. E. be approved, was read. Upon motion by
ILudowese, second by Folkert, and all present voting in favor, the recommendation was
Japproved.
The review of the application requesting a waiver of the requirements of the
subdivision ordinance to convey property by metes and bounds (part of Lots 1 and 2, Rocky
Creek Subdivision lying south of a line drawn parallel to and 217.00 feet northerly of
south line of said lots) and recommending approval, was read. Upon motion by Ludowese,
second by Strain, and all present voting in favor, the same was tabled;pending-.approyal
o.f 'the _report:;of :water pressure, -in the --area.
The recommendation of the Public Works Committee stating that they had
considered the recommendation of the Planning & Zoning Commission regarding the General
Development Plan of the area -from Country Club Manor to U.S. 14-52 from 2nd St. S.W. to
Chicago & Northwestern Railroad and recommend its,--approval3.with-specific attention to the
Highway Interchange and Railroad Overpass at TH 14 and the closing of the grade crossing
at 7th Street N. W. and T. H. 14 and that the following steps be taken to implement this
plan and establish it for the information and guidance of property developers: (1) the
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Planning and Zoning Commission continue with and complete the General Development Plan in
accordance with their recommendation of June 12th (2) the City Engineer Department be
authorized to have an Official Street Map prepared for the right-of-way requirements at
the 35th Avenue N. W. T. H. 14 Interchange and Railroad Overpass and (3) that the concurr
of the County Board be requested in this action and their cooperation and approval of the
General Development Plan be sought, was read. Upon motion by Larson, second by Ludowese,
and all present voting in favor, the recommendation was approved.
The recommendation of the Finance Committee that two 4-door sedans be purchased
for the City Engineer's Department from Adamson Motors for the price of $4,923.80, was read;
'Upon motion by Larson, second by Ludowese, and all present voting in favor, the
recommendation was approved.
The recommendation of the Finance Committee that the proposal of Doyle Conner
Company in the amount of $1,345.00 be accepted for demolition and removal of structures
at 207 and 211 East Center Street, was read and upon motion by Strain, second by Folkert,
and all present voting in favor, the recommendation was approved.
The recommendation of the Public Works Committee that the Council initiate a local
improvement project for street grading and surfacing,°sanitary sewer, storm sewer, water
main, and service connections stubbed into boulevards on 31st Street N. W. abutting Tower
Terrace Subdivision, this is'the street abutting the south boundary of the proposed John
Adams Junior High School, was read. Upon motion by Folker, second by Ludowese, and'all
present voting in favor, the recommendation was approved.
The feasibility report of the City Engineer that street grading and surfacing,
sanitary sewer, storm sewer, water main and service connections stubbed into boulevards on
31st Street N. W. abutting Tower Terrace Subdivision is feasible and recommends its
construction, estimated costs are $59,500.00, was`read together with the recommendation of
the Public Works Committee that this project be constructed with the costs assessed against
the abutting properties. Upon motion by Strain; second by Larson, and all present voting
in favor, ihe'recommendation was approved.
The application of Rochester Liquor Supply, Inc. for Off Sale Intoxicating Liquor
License (this license was granted in April but now one of the owners sold'to another per
(Roger Wickstrom and F.William Reichart) was read and upon motion by Strain, second by
Larson, and all present voting in favor, the license change was approved.
The license bond of Rocheste Liquor Supply, Inc. in the amount of $1,000.00 with
Universal Surety as surety was r6ad'and upon motion by Strain, second by Larson, the bond
was approved.
The application of Mohr Advertising Service for a license to erect and maintain
signs was read and upon motion by Larson, second by Ludowese, and all present voting in
favor, the application was'referred to the Public Safety Committee.
The applications'of Stephen Barlow for off sale non -intoxicating malt liquor 1
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and cigarette license at 1315 -,6th Street N. W. we're each read and upon motion by Larson,
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., July 7. 1969
Recbnd-�y Folkert, and all present voting in favor, the applications were referred to the
Public Safety Committee.
The application of Lysne Construction Company fora permit to move a frame
building from 1st Avenue and 5th Street S. W. to outside theCity limits was read. Upon
motion by Folkert, second by Strain, and all present voting in favor, the permit was
granted, said building to be moved under supervision of Police Department, Electric
Department and Inspection Department.
The applications for General Refuse Collector License of Herb Bornfleth (3),
George Fenske (3), Orville Kirkham (3), Rochester Refuse Control (3), Fred Vagt (1),Harold
Watson (4), Stanley Watson (1) and William H. Watson (1); for Commercial Garbage of Paul J.
Kronebush (1); and for Commercial Rubbish Collector License of Harold Watson (1) were each
read and having been approved.by the Public Health Director, a motion was made by Larson,
second by Strain, that the said licenses be granted; all present voted in favor. (The
license of Fred Vagt and W.. H. Watson, Jr. to be held until the insurance policy is brought
up to date; and the check of Stanley Watson for $125.00 for five vehicles be deposited but
only one license be issued until the other four vehicles are brought in for inspection).
The contract bonds of B. DeWitz (2) in the amounts of 6,155.70 and $9,271.33
with United States Fidelity and Guaranty as surety; Doyle Conner Company (8) in the amounts
of $1,142.50, $4,057.90, $11,713.05, $9,740.81, $6,549.37, $8,674.82, $14,718.13, and
$3,698.00 with State Automobile And Casualty Underwriters as surety; Rochester Sand & Gravel
in the amount of $66,720.27 with Transamerica Insurance Company as surety; Truck Service
Company in the amount of $5,549.50 with Federated Mutual Implement & Hardware Insurance Co.
as surety; and Jones Chemicals, Inc. in the amount of $31944.00 with Seaboard Surety Company
and Gerald W. Maass in the amount of 4,950.00 with Capitol Indemnity Coporation as surety;
as surety,/were each read and upon motion by Larson, second by Ludowese, and all present
voting in favor, the bonds were approved.
Upon motion by Larson, second by Strain, and all present 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., the
following members being Present: President DeVries, Aldermen Cherland, Folkert, Larson,
Ludowese, Strain. Absent: Alderman Postier.
President DeVries stated this as being the time and place set for hearings on
the following projects:
Hearing on street grading and surfacing on 25th Avenue N. W. from 19th to 20th
Street N. W. and water main extension on 25th Avenue N. W. from 18k to 20th Street N. W.
There was no one present wishing to be heard. President DeVries declared the hearing
officially closed. A motion was made by Folkert, second by Ludowese, to proceed with the
project; all present voted in favor.
Hearing on water main extension in 7th Street N. W. to serve Lots 6, 7 and 8 in
Auditor's Plat "A". There was no one present wishing to be heard. President DeVries
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declared the hearing officially closed. A motion was made by Larson, second by Folkert, to
proceed with the project, all present voted in favor.
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Hearing on sidewalk project #20-W-A-1969 - on the east side°of 15th Avenue N. W.
from Cascade Street to 29th Street N. W. and on the south side of 30th Street N. W. from 16th
Avenue and 29th Street intersection to 12th Avenue N. W. Mr. John Igo of 1330 - 30th St; N;W.
was present and opposed the sidewalk, he said they could not see why sidewalk was proposed
here is was not a snow emergency route, it did not connect any highway, it is not a through
street and was not requested by the School PTA, there are only 20-25 children on this street
and over half of the people put in blacktop driveways because they were told there would be
no sidewalk in that area.' Mr. Reginald Schroeder of 1402 - 30th Street N. W. said he put in
a blacktop approahc last year because he was told there would be nos Idewalk put in for quite
a few years, he said felt there was no purpose for this sidewalk because this street is not
being taveled, there is only local traffic on this street and he.thinks there are other areas
that need and want sidewalk. Mr.Robert Kuiterman of 1416 - 30th Street N. W. said there many
of them that had spent money on landscaping and driveways that will be chopped up if the
sidewalk is put in, he said his yard has a bad slope and has spent a lot of money to try to
make it look like something, he said he was opposed to this sidewalk. Mr. Robert E. Jensen
of 1210 30th Street N. W. said he was against the sidewalk, they had a petition with 14 - °
signatures opposing it and,thought the City should take that into consideration and also,
there is no one to the°north of east of them. Mr. Lyle Freiderich of 1408 30th Street N. W.
said he also was opposed and thought the petition opposing this sidewalk should be taken into
consideration that the people do not want it. Mr. Edward Bailey of 2806 - 15th Avenue N. W.
inquired what the city policy was on sidewalks and also said he thought there were many other
sections in the City that needed it far worse.' 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 Ludowese, to proceed with -the project; all present voted in favor except
Alderman Cherland who voted "nay". '
Hearing on construction of sidewalk on the north side of 23rd Street N. W. from
18k Avenue N. W. to 21st Avenue N. W. Mr. William Zipoy of 1915 23rd Street N. W. was present'
and"said they have a lot of children on this street and a lot of travel and they were in
favor of the sidewalk. There was no one else present wishing to be heard. President DeVries
declared the hearing officially closed. A motion was made by Cherland, second by Folkert, to
proceed with the project; all present voted in favor.
Hearing on "replacement of sidewalks in S. W. Rochester - Project #101-1969. C. A.
Armstrong, City Engineer, reported that these replacements were on the south side of 4th
Street S. W. and on the north side of 5th Street S. W. from 1st Avenue to 6th Avenue. Mr.
Claude Darst of Darst Motel was present and said'he was not in a position to pay for sidewalk
at this time and would like to have it delayed, he said he knew there were portions of his
sidewalk that needed repair but just could not afford to pay for..:them at this time. There was
no one else present wishing to be heard. President DeVries declared the hearing officially
closed. A motion was made by Ludowese, second by Strain, to proceed with the project; all
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present voted in favor.
Hearing on replacement of sidewalks in Southwest Rochester - Project #102-1969..
C. A. Armstrong, City Engineer.y; reported that this sidewalk was on the south side of 5th
Street S. W. and north side of 6th Street S. W. from 1st Avenue to loth Avenue. Mr. Robert
Daly of of.515 - 4th Avenue S. W. said there was.a tree in front of his house in the boulevard
and they took the tree down.and the sidewalk was cracked and he called the City Engineer and
came and put two new blocks of sidewalk in at that time and now it looks as if he is going
to have to have sidewalk again and.did not feel this was quite fair. C. A. Armstrong said
on the basis of the information they had they thought they had replaced everything that was
damaged by the tree. President DeVries said if they proceed with this project then Mr.
Daly might meet with the Public Works Committee and iron out this problem. There was no one
else present wishing'to be heard. President DeVries declared the. hearing officially closed.
A motion was made by Cherland, second by Larson, to proceed with the project; all present
voted in favor.
Hearing on replacement of sidewalks in Southwest Rochester - Project #103-1969.
C. A. Armstrong, City Engineer, reported that this was�on the south side of 4th Street and
north side of 5th Street from 6th Avenue to 16th Avenue. There was no one present wishing
to be heard.. President DeVries declared the hearing officially closed. A motion was made
by Larson., second by Cherland, to proceed with the project; all present voted in favor.
Hearing on replacement of sidewalks in Southwest Rochester - Project #104-1969.
C. A.Armstrong, City Engineer, reported that this was on the south side of 6th Street and north
side of 7th Street from 3rd to 8th Avenue S. W. and also on the avenues between those streets.
There was no one present wishing to be heard. President DeVries declared the hearing
officially closed. A motion was made by Ludowese, second by Strain, to proceed with the
project; all present voted in favor.
Hearing on proposed change of zoning on the south 100 feet of Outlot 1, Hammer
& Fannings Addition and Lots 1, 2, 3, Block 2, Hammer & Fannings (216, 220, 224, 304 and 306,
15th Avenue S.W.) from B-lb District to R-1 District. Mr. John Voskuil of 224 - 15th Ave.
S. W. was.present and said they were in favor of the zone change. There was no one else
present wishing to be heard. President DeVries declared the hearing officially closed. A
motion was made by Folkert, second by Strain, instructing the City Attorney to prepare an
ordinance making the requested zone change; all present voted in favor.
Hearing on proposed change of zoning on the East 25 feet of Lot 1 and East 25 feet
of Souty 10.3 feet of Lot 4, Block 42, Morse & Sargeants (formerly site of Giles Grocery at
900 block 4th Street S. E.) from.B-la to R-3. There was no one present wishing to be heard.
President DeVries declared the hearing officially closed. A motion was then made by Ludowese,
second by Folkert, instructing the City Attorney to prepare an ordinance making the requested
zone change.
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Hearing on proposed change of zoning on Lots 1-5, Block 1 and Lot 1, Block 2, of
Indian Heights 3rd Subdivision from the R-1 District to R-2 District. There was no one present
wishing to be heard. President DeVries declared the hearing officially closed. A motion was
made by Cherland, second by Ludowese, instructing the City Attorney to prepare an ordinance
making the requested zone change; all present voted in favor.
Hearing on proposed revision in Valhalla Community Development Plan. There was no
one present wishing to be heard. President DeVries declared the hearing officially closed.
A motion was made by Cherland, second by Strain, instructing the City Attorney to prepare a
resolution all present voted in favor.
Hearing on petition to vacate the alley in Block 15, Original Plat (Mayo Association
and Thompson Properties). There was no one present wishing to be heard. President DeVries
declared the hearing officially closed. A motion was made by Larson, second by Ludowese,
instructing the City Attorney to prepare a resolution vacating the said alley; all present
voted in favor.
Hearing on petition to vacate the alley in Block 26, Original Plat (Calvary
Episcopal Church). There was no one present wishing to be heard. President DeVries declared
the hearing officially closed. A motion was made by Strain, second by Ludowese, instructing
the City Attorney to prepare a;:,resolution vacating the said alley; all present voted in favor.
Hearing on petition to vacate the north 25 feet of 37th Street N.. W. from 18th
Avenue N. W. to 15th Avenue N. W. Mr. Dwain Hoops, Attorney was present in behalf of the
pEtitioner and urged that this be approved; it was noted that it had been recommended that an
easement be provided to the telphone company and Mr. Hoops assured the Council this would be
done. There was no one else present wishing to be heard. President DeVries declared the
hearing officially closed. A motion was made by Larson, second by Ludowese, instructing the
City Attorney to prepare a resolution vacating that part of 37th Street, subject to the
owners providing an easement for telephone cable and no access to 37th Street; all present
voted in favor.
A letter from William Leach submitting the original and two copies of an option -
agreement in the amount of $326,000.00 for City lands, Rochester property N/W/C Broadway and
Elton Hills Drive; the purchase price has been increased to $1.25 per sq. foot or
$54,333.33 per acre and this increase was decided by the Kroger Company after much deliberation
and the result of the informal meeting held at the City Hall, Thursday June 26, 1969, with his
Honor the Mayor and a few members of the Council; the Kroger Company screening committee has
given approval to locate in the City of Rochester and approval of the above noted site; this
will be Kroger's first store in Minnesota outside the Twin City area of Minneapolis and St. Paul
and like the Super Value store on 6th Street N. W. on whose behalf this writer appeared before
the Council will serve as a pilot store for other southern Minnesota cities; this is progress,
and many benefits can be derived from it; on behalf of the Kroger Company and himself they
hope and trust the Council will approve this new and formal proposal, was read. Mr. Leach
was present and urged that this be accepted he said he felt this would be a great asset to the
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(City and would also increase the tax revenue and opens up a new retail. Alderman Folkert
said when they met informally with him they were asked what price they would ask for this
property and made it very clear that they were not authorized by the full Council to set
any price or even to act as though they were willing to sell this property but if they
were willing to buy this property they should make a formal offer to the Common Council and
set the price and it would probably be referred to Committee for recommendation. A motion
was made by Larson, second by Folkert, referring this letter and proposal to the Finance
Committee for formal recommendation; all present voted in favor.
The recommendation of the Public Works Committee that the bid of E. J. Vonch
in the amount of $3,074.00 be accepted for construction of sidewalk on the north side of 22nd
Street N. W. from 18k Avenue N. W. to 21st Avenue N. W., was read. Upon motion by Larson,
second by Ludowese, and all present voting in favor, the recommendation was approved.
The recommendation of the Public Works Committee that the bid of E. J. Vonch
in the amount of $2,220.90 for construction of sidewalk on the north side of 23rd Street
N. W. from 18k to 21st Avenue N. W. be accepted, was read. Upon motion by Folkert, second
Iby Cherland, and all present voting in favor, the recommendation was approved.
The recommendation of the Public Works Committee that the bid of E. J. Vonch
in theamount of $5,115.80 for sidewalk Project #20-W-A-1969 be accepted, was read. Upon
(motion by Ludowese, second by Folkert, and all present voting in favor, the recommendation
Iwas approved.
A motion was made by Strain, second by Cherland, and passed unanimously, that
the semi-monthly bills in the amount of $283,130.53, list of which is attached, be approved.
A motion was made by Ludowese, second by Larson, that the following resolutions
Ibe adopted in block and all present voted in favor. A motion was then made by Larson, second
Iby Ludowese, that the following resolution be adopted as read and all present voting in favor,
President DeVries declared the said resolutions duly passed and adopted:
Resolution approving "An Act relating to the City of Rochester and the Policemen's
lRelief Assn. and Pension Fund".
Resolution approving "An Act relating to the City of Rochester and the Firemen's
Relief Association and special fund, etc". *See end of minutes.
Resolution authorizing the Public Utility Board to enter into contract with
Crescent Electric Supply Company for three transformers.
Resolution authorizing the Public Utility Board to enter into contract with
Crescent Electric Supply Company for 40 street light standards.
Resolution authorizing and directing the Mayor and City Clerk to execute
(Change Order No. 2 to contract with Young Construction Company -construction of additional
Iwastewater facilities.
Resolution authorizing and directing Mayor and City Clerk to execute engineering
proposals with Holland Wallace KastlerSchmitz & Company for (1) Northern Hills First Subdivision
(2) Indian Heights Third Subdivision and (4) 19th St. N. W. from West River Road N. W. west
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approximately 1700 feet.
Resolution setting hearing for vacation of east -west alley in Block 2, Head &
McMahon's Addition (alley east of 5th Avenue S.W. and between 3rd and 4th St. S. W.).
Resolution approving improvements along 12th St. S.E. from 0.08 miles east of
Jct. T. H. 63 to near the Jct. of llth Ave. S.E. (CSAH 1) in Rochester (S.A.P. 5502-41).
Resolution approving preliminary plans for the improvement of Trunk Highway 7
renumbered Trunk Highway Number 14 within the limits of the City of Rochester.
Resolution authorizing Finance Director to make preliminary inquiry as to
availability of Federal Assistance grants for planning and construction of any new sewer and
water facilities.
Resolution referring improvement petition to City Engineer and Public Works Committ
for grading and surfacing of 7th Street N. W. from Chicago Greatwestern Railraod to West
line of Valleyhigh Second Subdivision.
Resolution ordering a public hearing on grading and surfacing of 7th Street N. W.
from Chicago Greatwestern Railroad to west line of Valleyhigh Second Subdivision.
Resolution referring proposed improvement for feasibility report and recommendation
for extension of sanitary sewer and water service to 13th Avenue S. W. from 9th Street S.W.
to the south, to serve Lot 55 less north 10 feet and Lots 56,57,58,59, Block 1, Collegeview
Addition.
Resolution ordering a hearing on extension of sanitary sewer and water service
connections in 13th Avenue S.W. from 9th Street S. W. to serve Lot 55 less north 10 feet and
Lots 56, 57, 58, 59, Block 1, Collegeview Addition.
Resolution ordering a hearing on construction of curb and gutter on both sides of
5th Street S. W. from 15th to 16th Avenue S. W. and the west end of vacated 5th St. S. W.
sidewalk replacements as required.
Resolution ordering a public hearing on construction of sewer, water main, grading
and surfacing on 41st Street N. W. from 18th Avenue N. W. to T. H. 52 frontage road.
Resolution referring improvement for feasbibility report and recommendation
for street grading and surfacing, sanitary sewer, storm sewer, water main and service
connections stubbed into boulevards on 31st Street N.W. abutting Tower Terrace Subdivision.
Resolution ordering a public hearing on street grading and surfacing, sanitary
sewer, storm sewer, water main and service connections stubbed into boulevards on 31st
Street N. W. abutting Tower Terrace Subdivision.
Resolution referring petition for feasibility report and recommendation for curb
and gutter on both sides of 3rd Place N.*W. from 36th Avenue N. W. to and including all
36xx and 37xx numbered lots.
Resolution -referring improvement petition for feasibility report and recommendatioi
for extension of 9th St. S.E. from its present terminus at 3rd Ave. S.E. west from 3rd Ave.
S. E. to Broadway together with utilities deemed necessary to serve adjacent premises.
Resolution declaring cost to be assessed and ordering preparation of assessment
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roll for widening and repaving East Center Street from Zumbro River to llth Avenue East and
replace sewer and water services to certain properties abutting the repaving project on
East Center Street from Zumbro River to llth Avenue Southeast.
Resolution ordering a hearing on proposed assessment for widening and repaving
East Center Street from Zumbro River to llth Avenue East and replace sewer and water services
to certain properties abutting the repaving project on East Center Street from Zumbro River
Ito llth Avenue Southeast.
Resolution ordering bids for replacement of sidewalks in Southwest Rochester -
Sidewalk Project No. 101-1969.
Resolution ordering bids for replacement of sidewalks in Southwest Rochester -
Sidewalk Project No. 102-1969.
Resolution ordering bids for replacement of sidewalks in Southwest Rochester -
Sidewalk Project No. 103-1969.
Resolution ordering bids for replacement of sidewalks in Southwest Rochester -
(Sidewalk Project No. 104-1969.
Resolution accepting bid of :E. J. Vonch for construction of sidewalk on the north
side of 22nd Street N.W. from 18k Avenue to 21st Avenue N.W.
Resolution accepting bid of E. J. Vonch for construction of sidewalk on the north
side of 23rd Street N. W. from 182 Avenue to 21st Avenue N.W.
Resolution accepting bid of E. J. Vonch for Sidewalk Project #20-W-A-1969.
Resolution accepting bid of Adamson Motors for furnishing two sedans for City
Engineer's Department.
Resolution accepting bid of Doyle Conner Company for demolition and removal of
structures at 207 and 211 East Center Street.
An Ordinance annexing to the City of Rochester, Minnesota, certain unplatted
lands not exceeding two hundred actes in area, all being in the Northeast Quarter of Section
Twenty -Eight, Township One Hundred Seven North, Range Fourteen West, Olmsted County, Minnesota
(Carpenter -Till Grieve), was again presented. Upon motion by Cherland, second by Folkert, and
fall present voting in favor, the ordinance was tabled until July 21, 1969.
An Ordinance relating to the Housing Code of the City of Rochester, Minnesota:
(Amending Sections.42.110, 45.040, Paragraph (b), and Section 46.140 of the Rochester Code
(of Ordinances and repealing Ordinance No. 1468, was given its second reading.
An Ordinance rezoning certain property and amending the Zoning Ordinance of the
City of Rochester, Minnesota (Lots 1 through 9, Block 4, Crescent Park 8th Addition to R-3
Multi Family Residence) was given its first reading.
An Ordinance rezoning certain property and amending the Zoning Ordinance of the
(City of Rochester, Minnesota (changing the south 100 feet of Outlot 1, Hammer and Fannings
Addition and Lots 1, 2 and 3, Block 2, Hammer and Fannings Addition to R-1 Family Residence)
was given its first reading. Upon motion by Folkert, second by Strain, and upon roll call
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and all present voting in favor, the rules were suspended and the ordinance was given its
second reading. Upon motion by Folkert, second by Ludowese, and upon roll call and all
present voting in favor, the rules were suspended and the ordinance was given its third and
final reading. A motion was then made by Larson, second by Folkert, that the said ordinance
be adopted as read, and all present voting in favor, President DeVries declared the said
ordinance duly passed and adopted.
An Ordinance relating to the annexation of certain platted land to the City of
Rochester, Minnesota in North Sunny Slopes Olmsted County Minnesota and amending Ordinance
No. 1469 was given its first reading. Upon motion by Ludowese, second by Larson, and upon
roll call and all present voting in favor, the rules were suspended and the ordinance was
given its second reading. Upon motion by Ludowese, second by Larson, and upon roll call and
all present voting in favor, the rules were suspended and the ordinance was given its third
and final reading. A motion was then made by Ludowese, second by Folkert, that the said
ordinance be adopted as read, and all present voting in favor, President DeVries declared
the said ordinance duly passed and adopted.
Resolution authorizing and directing Mayor and City Clerk to execute, on behalf
of the City of Rochester the contract with The Kruse Company and Rochester Sand & Gravel Co.
relative to construction of local improvements in Folwell Heights 5th Subdivision. Upon
motion wy Folkert, second by Ludowese, and all present voting in favor, resolution adopted.
Resolution approving revision to the Valhalla Community Development Project to
allow a garage on Lot 5 and to construct another pool in addition to the one originally
planned and to relocate the recreation building and pool on Lot 14, Block 4, Valhalla Fourthl,
Subdivision. Upon motion by Larson, second by Folkert, and all voting in favor, resolution
adopted.
as follows:
Resolution amending the resolution establishing parking, truck loading, etc.
Section B, No Parking Zones, Streets, is hereby amended by adding thereto
Paragraph (49.9) to read in its entirety as follows:
(49.9) Second Avenue Southwest on the west side of the Avenue for a
distance of 350 feet more or less immediately south of
Fourteenth Street Southwest at all times.
Upon motion by Larson, second by Cherland, and all present voting in favor, resolution
adopted.
Resolution amending the resolution establishing parking, truck loading, etc. asl
f of lows:
Section B, No Parking Zones, Streets, is hereby amended by adding thereto
Paragraph (129.1) to read in its entirety as follows:
(129.1) Eleventh Avenue Northeast on the west side for a distance of
100 feet more or less immediately north of Seventh Street
Northeast, at all times.
Upon motion by Larson, second by Folkert, and all present voting in favor,resolution adopted,
Resolution amending the resolution establishing parking, truck loading, etc. asi
follows: Section B, No Parking Zones, Streets is hereby amended by adding thereto
Paragraph (74.1) to read in its entirety as follows:
(74.1) Fourth Street Southwest on the north side of the street
for a distance of 90 feet more or less immediately east
of Third Avenue Southwest, at all times.
Upon motion by Larson, second by Ludowese, and all present voting in favor, resolution adopts
d.
310 Record of Official Proceedings ' of the ' Common Council
of the City of Rochester, Minn., July 7, 1969
f of lows:
Resolution amending the resolution establishing parking, truck loading, etc. as
Section B, No Parking Zones, Streets, is hereby amended by adding
thereto Paragraph (61.5) to read in its entirety as follows:
(61.5) Third Avenue Southeast on the west side of the street
from the Chicago & Great Western Railroad Tracks south
to Sixteenth Street Southeast, at all times.
Upon motion by Larson, second by Ludowese, and all present voting in favor, resolution adopted.
* Mr. Gerald Swanson, City Attorney, stated that the bill amending the Firemen's
Pension Act No. 694 provides for the payment of pensions according to the current maximum
monthly base salary paid to a fireman. The term fireman as used in this instance refers to
the current Civil Service classification of "fire fighter" and the salary of the "fire
fighter" is to be used for the purpose of determining pensions no matter what the
classification of the individual fireman may be. It has been the understanding of the
Common Council and the Firemen's Relief Association that the 1969 amendments are not intended
to increase the pensions being paid and that the base salary for a fire fighter is to be
used in calculating pensions payable to any person eligible to receive benefits under this
act. The Firemen's Relief Association has agreed to amend its by-laws to reflect both the
changes brought about by the 1969 act and the understanding of the Common Council with
respect to the use of the fire fighter base salary in determining pensions.
Upon motion by Larson, second by Ludowese, and all present voting in favor, the
meeting was adjourned to 12:00 o'clock noon on July 11, 1969.
City Clerk
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in favor, resolution adopted.
Upon motion by Larson, second by Folkert, and all voting in favor, the meeting was
adjourned until 7:30 o'clock P. M. on July 21, 1969.
City Clerk