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HomeMy WebLinkAbout11-17-1969Record of Official Proceedings of the Common Council of the .City -of Rochester, Minn., November .17, 1969 429 1 • 1 1 41 1 Minutes of an adjourned.regular meeting of the Common Council of the City of Rochester, Minnesota held in the Council Chambers of said City on.November 17, 1969 at 7:30 it o'clock P.M., the.following members being present:. President DeVries, Aldermen Cherland, �+ Folkert, Larson,, Ludowese, Postier, Strain. Absent: None. { li Upon.motion by.Larson, second by Ludowese, and all present voting in favor I' the minutes of the meetings of November 3rd and loth, 1969 were approved.. I I� t; President DeVries stated this as being the time and place set for hearings on'; the following projects: i Hearing on proposed assessment for deferred assessment for construction of 1 water tank and connecting trunkline for the Low District of, the Southeast Service Area for Lots 1 thru 10, Block 1, Meadow Park 3rd; all the lots in Meadow Park 5th and all the lots II jin Meadow Park 6th., There was no one present wishing to be heard. President DeVries !� declared the hearing officially closed. A motion was made by Postier, second by Strain, to II proceed with the assessment; all voted in favor. Hearing on proposed assessment for sanitary sewer and water main extension to; serve First Christian Church Property in Allendale Subdivision. There was no one present wishing to be heard. President DeVries declared the hearing officially closed. A motion was made by Strain, second by Postier, to proceed with the assessment; all voted in favor. n Hearing,on approval of the final plat of Elton Hills East Sixth Subdivision. I� ,r 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, that the plat.be approved and the City Attorne re are a resolution approving the said plat; all voted in PP Y Y' P P PP $ favor . Hearing on varying the side yard requirement of the Zoning Ordinance as it applies to the property located at 2031'18th Street N. W. There was -no one present wishing to be heard. President DeVries declared the hearing officially closed. Upon motion by Cherland, second by Larson, that the recommendation of the Planning & Zoning Commission to approve this be approved and the City Attorney prepare a resolution granting the variance; all voted in favor. , Hearing on granting a variance to allow a canopy at the Just Rite Market located at 211 - 6th Avenues. W.. There was no one present wishing,to be heard. President DeVries declared the hearing officially closed. Upon motion by Larson, second by Cherland, the recommendation of the Planning & Zoning to approve this was approved and the City Attorney,instructed to prepare a resolution granting the variance; all voted in favor. Hearing on granting a variance to permit a ground sign to be erected on St. Mary's Hospital property along 2nd Street S. W. There was no one present wishing to be heard. President DeVries declared the hearing officially closed. Upon motion by Folkert, second by Postier, the recommendation of the Planning & Zoning was approved and the City Attorney instructed to prepare a resolution granting the variance; all voted in favor. Hearing on varying setback provisions as they apply to a proposed garage at ;I Record of Official Proceedings of the Common Council of the City of Rochester, Minn., November 1.7, 1969 n U 712 - 8th Street S. E. There was no one present wishing -to be heard. President DeVries declared the hearing officially closed. Upon motion by Postier, second by Folkert,: the .recommendation of the .Planning & Zoning Commission was approved and the City Attorney was ,:instructed to prepare a resolution granting the variance; all voted in favor. Continued hearing on proposed assessment for water main extension in East Frontage Road T. H.•52-from ll� Street to 14th-Avenue S. W. (Olson's Subdivision) and deferred assessments on account of: construction of sanitary -sewer on 6th Street S. W. from a point 190 feet west of 15th Ave. S.W. to a point 450 feet west; in Block 2 Dresbach's Addition; 14th Avenue S. W.; 15th Avenue S. W.; 8th Street S. W.; and along T. H. 52. The -recommendation of the Public Works Committee that the amount to be assessed for the current water main construction be reduced to $13,650.28 from the previously proposed amount of-$16,942.66, this reduction has been achieved by the Water Department assuming the costs of -the connecting main east of llth Street in the amount of $3,292.38 was read; also a revised assessment roll was submitted. Mr. A. M. Keith, Attorney was present and thanked the Council fof the con- sideration given. Upon motion by Postier, second by Folkert, and all voting in favor, the recommendation of the Public Works Committee was approved. A motion was then made by Larson, second by Postier, to proceed with the assessment -as revised; all voted in favor. The Mayor's appointment of Mrs. Sonja Kolb of 1809 Ath Street S. E. as a school crossing guard at llth Avenue and West Center Street ( to replace Mrs. Alma Johanns who resigned) was read and upon motion by Larson, second by Folkert, and all voting in favor, appointment approved. Letter from Ralph Ellingwood.requesting approval of a leave of absence without pay for Mrs. Wilma B. Polk, Assistant Director in Traffic Violations Bureau, beginning -on November 19, 1969 and extending for thirty days was read and upon motion -by Folker, second (I by Postier, and all voting in favor, the leave of absence was granted. u A letter from Mark Gray, Director of Maintenance, requesting approximately a Ij6 months leave of absence without pay for Elmer Hare of the Street & Alley Department, due to llness.and to be effective.October 8, 1969 was read and upon motion by Larson, second`by olkert, and all voting in favor, the leave of absence was granted. A letter from the Olmsted County Bank and Trust Company for a permit to use equipment on the outside of their building in connectfon9with Christmas caroling from cember 15 - 20, 1969 was read and upon motion by Folkert,-second by Cherland, and all voting in favor, the permission was granted. The following letter from Tom 0. Moore, City Planning Director, in regard to the (recertification of Rochester's Workable Program, was read: "On October 20, 1969, during the course of Council discussion on whether or not to apply for recertification of the city's Workable Program, a question was raised as to whether.or not a certified Workable Program is a legal prerequisite for cities to be eligible to receive federal sewer and wter grants and park site acquisition funds. Because no one could provide a definite answer to the question at that time, the Council asked the Planning Director to pose this question in a letter to the HUD Regional Administrator. A letter was written on October 22, 1969. 1 1 10 0 1 Record of Official Proceedings of the Cornm-on' Council 431 1 of the City of Rochester, Minn., November 17. 1969 As of November 4, 1969, this letter had not been answered, primarily due to various administrative changes presently occuring in the HUD regional office. Consequently, on that day the Planning Department contacted the HUD Regional Office by telephone, and the Long Range Planner discussed this question with if Mr. Elmer Binford, Director of the Workable Program Division for Region IV. Mr. Binford said,that, although HUD is presently discussing whether or not to require a Workable Program as a prerequisite to receive these funds, at this time the Workable Program is not a prerequisite for sewer and water grants and park site acquisition funds. He. cautioned, however, that given limited monies to distribute, HUD will distribute them to those cities that are "demonstrating their .desires and efforts to help themselves", which literallyl, l, translated means those cities that have certified Workable Programs. He saiV that if Rochester is seriously considering making application for sewer and water funds he would sincerely "discourage you (Rochester) from not having a l certified Workable Program". " i Also a letter from James R. McDonagh, Chairman of the sub -committee for resources for the Housing Task Force of the Rochester Chamber of Commerce, stating that they were considering alternative Funding Programs for low-income housing (both elderly and general occupancy) and it is necessary that they have an indication from the Common Council as to whether it will bei' feasible to include those programs requiring a workable program in their list of possible alternatives, was read. Mr. Al DeBoer,'Mr. Kenneth Umbehocker and Mr. Darrel Lee, all of they i Chamber of Commerce, were each heard in regard to some of the study they were making for low -I,;` income housing; Mr. Lee said they would provide the Council with a complete listing of HUD i programs affected by the workable program. Action on this was deferred until a written j letter is received stating the ramifications of not having a workable program are more clearly defined. A letter from the Olmsted Medical Group requesting a permit to be allowed to keep their present sign on the Olmsted Medical Group property for purposes od identifying the, project to all the various suppliers, was read. Mr. Tom Moore, City Planning Director, said this was a construction sign on the west side of 3rd Avenue S.E. and is is in the R-4 zone and no special sign is allowed here. A motion was made by Larson, second by Ludowese, that the permit be granted as a temporary sign and they be notified that the sign be taken down thirty days after occupancy of the building; all voted in favor. Mr. Roger Christenson, Manager of Rochester Rent'All at llth Street and North Broadway, was present and said he had received a notice of violation from the'Zoning Inspector to screen in his business, he said he had put a screen around the business on the north side of the street but if he put a -screen around the business on the south side it i would obscure it and thereby'drive him out of business; he also requested that the City consider changing the zoning on the property behind their store for parking of exceptional equipment and to use the front parking lot for customers and general equipment. A'motion'was' made by Strain, second by Postier, that this be referred to the Planning Department and Mr. ,i Moore prepare a report on the history and background of this for study of the Common Council before the next meeting; all voted in favor. Upon motion by Strain, second by Postier, and all voting in favor, the meeting was recessed at 9:30 P. M. The meeting was called to order again at 9:40 P. M. with all members present. • 32 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., November 17, 1969 • A letter from Mayor Dewey Day recommending that favorable action and consideration be given to the request of Chief Macken to realign the position classifications with the Police Department, the request calls for adding one position of lieutenant and eliminating one position of patrolman; the realignment would cost approximately $1,200 per year which should be absorbed within their -total budget; the purpose of the realignment is -to strengthen the training and public information activity of the department, emphasis of these aspects of police work become more critical as our community increases in size and complexity, was read. Upon motion by Cherland, second -by Folkert, the recommendation was approved and the City Attorney was instructed to prepare an amendment to Ordinance No. 1419 to provide for six lieutenants instead of five and to provide for sixty-six patrolmen instead of sixty-seven; all voted in favor. A resolution adopted by the Public Utility Board that $224,512.50 be appropriated to the Rochester State Bank for the purchase of U.S. Treasury Bills maturing November 20, 1969 was read and upon motion by Postier, second by Cherland, and all voting in favor, the same was approved. A letter from the Rochester Home Builders Association stating that it was the unanimous opinion of the membership that a 1% piggy back sales tax be adopted, was,.read and ordered placed on file. Three petitions protesting the opening and/or operation of a "Sex Book" store in the City of Rochester were presented and referred to the Mayor. The following letters and petitions were each presented and upon motion by Postier, second by Folkert, and all voting in favor, the same were referred to the City Planning and Zoning Commission: 1. application for variance at 1004=1008 12th Street S.E. - Francis Washburn 2. petition of Samaritan Hotel to vacate east -west alley from Lots 11 and 24 eastward to intersection of north -south alley and reconstructing a new alley to be dedicated to the City along the west 15' of Lot 11 to 8th Street N. W. 3. petition of*Samaritan Nursing Home for change of zoning at 25-7th St. N. W. from R-1 to R-2 4. application of Holm and Olson for community development project 5. application for approval of final plat of Northwood Third Addition The claim of damage of Dale Peterson of 1209-4th Street N. W. for damage to his property from sewer backup was read and upon motion by Postier, second by Folkert, and fall voting in favor, the claim was referred to the City Attorney. A letter signed by Mrs. 0. L. McCloud, Harold Geerdes, Mrs. Rudy Schroeder, they felt was Mrs. Wm. H. Schroeder and Mrs. Harold Buske to correct a wrongful impression/created by the (article in the Post Bulletin "Council takes steps to Open strip along U.S. 63 to motels" was read and ordered placed on file. A letter from Tom 0. Moore, Planning Director, stating that he had reviewed the japplication of David Pennington that his recently annexed land be included in the Rural (Service District and finds that the lands meets the qualifications and also that (a) Bel Air (Second Subdivision and (b) Indian Heights Third Subdivision no longer qualify to remain in 11 1 1 I* 1 0 9 Record of Official Proceedings of the Common Council 433 of the City of Rochester, Minn., November 17, 1969 0 1 1 is 1 in the Rural Service District and should be.removed,.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 ordinance and resolution. A letter from Tom Moore, Planning Director, -stating that.he had reviewed the applications of Mayo Association and George.Grieve.to have their _land placed in the Rural Service District and.find that these lands meet the qualifications, was.read.. Upon motion by Larson, second by Postier, and all voting in favor, the recommendation was accepted and the City.Attorney.was instructed to.prepare the necessary resolution. The recommendation of the Rochester Airport Commission that the Council approve periodic estimate.#3 for.FAAP No..9-21-079-7012 to McGhie & Betts, Inc. in the amount of $364.43 for -engineering services.and the Mayor and.City Clerk be authorized to execute the documents,_ was read. Upon motion by _Folkert, second.by Cherland, and all vot in favor, the recommendation was approved.. The recommendation of the Rochester Airport Commission that the Council approve periodic estimate # 5, FAAP No..9-21-079-C911 and Estimate #5A State Project No. .5501-26 in the amount of $10,.151.73 to McGhie & Betts, Inc. and -$91,684.06 to Arcon Construction Co. and that.the Mayor and City .Clerk be authorized to execute the documents, was read. Upon motion by Cherland, second by Folkert, and all voting in favor, the recommendation was approved.. A petition with 16 signatures requesting the Council to consider changing thei now present law to enable them to park their recreational units on their property for which they pay full taxes, was read and upon motion by Larson, second by Postier, and all voting in favor, the petition was referred to the Planning and Zoning Commission. The applications for transfer of the "on sale" liquor license of the Heidelberg Bar and also of the Normandy Bar.were each read and upon motion by Postier, second by Folkert, and all..voting in favor, the applications were referred to the Public Safety Committee. The application of.Elton Hills Standard Station for a license to sell cigarettes was read and upon motion by Cherland, second by-Postier, and all voting in favor the license was granted. The application of Marshall Kirckof for a Journeyman Plumbers License was read and upon motion by Folkert, second by Larson, and.all.voting in favor, the license was granted. 1! The contract.bonds of Builders Land Company in -the amount of $75,000 with i�Transamerica Company.as surety; H & H_Electric Company.in.the.amount of.$16,440. with Western Surety Company as surety and Kasson Sewer & Water Company in the amount of $37,225.90 i� with Fidelity and Deposit Company of Maryland:as surety, were each read and referred to they Mayor for approval. if Bids-were received and opened at 2:00 P. M.-for improvements in Hutchings Second Replat and the bids of ,Riverside Sand & Gravel Co. in the amount of $5,002.00; Fraser F'4,34 Record of Official Proceedings of. the .Common Council of the City of Rochester, Minn., November 17, 1969 Company in the amount of $4,451.85 and Rochester Sand & Gravel.Co. in the amount of $4,585.05 were received. City Engineer's estimate-was.$3,559.85. Bids were received and opened at 11:45 A. M.-for furnishing five 4-door sedans for -.the -Police Department.: The bids of Adamson Motors in the amount of $11,644.75 plus air conditioning $1,380.00 - total bid $13,025.00 and Universal Ford Sales in the amount of $10,997.52 plus air conditioning $1,500.00 - total bid $12,497.52 were each received and opened. The recommendation of the -Finance Committee that the Council adopt the policy that orders against a budget year be placed within -that year.and that exceptions to this policy will be permitted only upon approval of -the Finance Committee, was read.- Upon motion by Postier, second by Folkert, and all voting in favor, recommendation approved. The recommendation of the Finance.Committee that all projects financed -by the Improvement Bonds Series J should be assessed at -the rate of 7%, was read. Upon motion by Strain, second by Folkert,.and all voting in favor, recommendation approved. The recommendation of the Public Safety.Committee.that the sale of bicycle licensing be assigned to another department wastransferred to the Finance Committee and the Finance Committee recommends that the issuance of the bicycle licenses be assigned to the City Clerk, the licensing procedures to.involve a permanent type license with renewal decals every two years, was read. Upon motion by Folkert, second by Strain, and all voting in favor the recommendation was accepted and the City Attorney instructed to prepare the necessary amendment to the ordinance. . The recommendation of:the Finance Committee that the City make application to the Department of Housing and Urban Development to, participate in the National Flood Insurance Program and that .the Council adopt a resolution demonstrating interest in such a program and that_the Planning Department be instructed to prepare and submit this application, was read. Upon motion by Strain, second by Larson, and all voting in favor, the recommendation was approved. The recommendation of.the Public Safety Committee that parking be prohibited at all times on 6th Street S. W. on the north side from 4th Avenue S. W. to a point 100 feet . more or less west of 4th Avenue, was read. Upon motion by Cherland, second by Strain, 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 Works Committee that the supplemental agreement with Barbarossa and:Sons, Inc. for Job 6706 Part IIA - water main construction, be approved was read. .Upon motion by Strain, second by Cherland, and all voting in favor, the .recommendation was approved. . The.recommendation of.the Public Works Committee that -the Council adopt a resolution rescinding the resolution of April 8, 1968 which endorsed Plan 7 South Fork Zumbro.Watershed and requesting the Corps of.Engineers and the Soil Conservation Service to proceed with a work plan on the basis of Plan 8, was read. Upon motion by Strain, Record of Official Proceedings of the Common Council 49 of the City of Rochester, Minn., November 17, 1969 • 1 LJ • 1 second --by Folkert, and all voting -in favor, the recommendation was accepted and the City Attorney instructed to prepare the necessary -resolution. C. A. Armstrong, City Engineer, reported that he could -not recommend the low bid for construction of improvements in Hutchings•Replat, the cost -is excessively high in relation to the benefit to the three -lots involved, -the matter of water main installation and assessment is still undecided and recommended that acceptance of the street and sewer bid be deferred until the water main problem -is answered. Upon motion by Strain, second by Postier,-and all voting in favor, -the -bids were referred -back to the Public Works -Committee. A motion was made by Larson, second by Folkert, to consider the following resolutions in block; all voted in -favor. A motion was then made by Folkert, second by Larson, that the said resolutions be adopted as read -and all voting in favor, -President DeVries declared the said resolutions duly passed and adopted: Resolution adopting -assessment roll for construction of sanitary sewer and water main extension to serve First -Christian Church Property in Allendale Subdivision. Resolution adopting assessment for deferred assessment for water tank and connecting trunkline for -the Low District -of the Southeast Service Area (Lots 1 thru 10, Block 1, Meadow-Paik 3rd; all lots in -Meadow Park 5th; and all lots in Meadow Park 6th).° Subdivision. Resolution approving plat to be known and designated as Elton Hills.East 6th Resolution ordering bids for season's -supply of Rock Salt. Resolution -ordering bids for three truck chassis and cabs for S & A Dept-. Resolution ordering bids for five snow plows. Resolution ordering bids for one portable Air -Compressor. Resolution ordering bids for one 2,000 gallon -Street Flusher. Resolution approving resolution adopted by Public Utility Board to appropriate, $224,512.50 to Rochester State Bank for-U. S.-Treasury Bills. - Resolution authorizing and directing Mayor and City Clerk to -execute contract) with Builders Land Company for construction in Elton Hills-East-6th Subdivision. Resolution accepting bid of Universal Ford Sales for furnishing five -patrol cars ($10,997.52 less air conditioning). Resolution adopting assessment roll for water main -extension in East Frontage) Road T.-H. 52-14 from 11k Street S.W.-to 14th Avenue S.W.-(Oison's Subdivision) and defer • assessment on account of construction of a sanitary sewer on 6th Street S.W.•from a point 190•feet west of 15th Avenue S.W. to -a point 450-feet west; and -in Block 2, Dresbach's Addition; 14th Avenue S.W.; 15th-Avenue -S.W.; 8th Street S.W.; and along T. H. 52. Resolution ordering bids for furnishing years supply of gasoline for 1.970. ` . A motion was made by Folkert, second by Larson, and passed unanimously, that the semi-monthly bills,'list Attached hereto, in the amount of $153,715.58, be approved. Resolution ordering a hearing on the vacation of the public alley easement Record of Official Proceedings of the • Common Council of the .City of Rochester, Minn., November 17, 1969 in Lots 1, 2 and 3, Block 21, Elton Hills Third Subdivision. Upon motion by Strain, second by Cherland, and all voting in favor, resolution adopted. Resolution authorizing Mayor and City Clerk to execute the supplemental agreement between the City,:Barbarossa and Sons, Inc. and McGhie & Betts, Inc. for Project 6706, Part IIa. Upon motion by Larson, second by Cherland, and all voting in favor, resolution adopted. Resolution granting.a variance to permit construction of a garage at 712 - 8th Street S. E. Upon motion by Postier, second by Cherland, and all voting in favor, resolution adopted. Resolution granting a variance to permit installation of an awning at 211 - 6th Avenue S. W. Upon motion by Postier, second by Larson, resolution adopted; all voted in favor. Resolution granting a variance on behalf of St. Mary's Hosptial to install a ground sign to direct emergency traffic. Upon motion by Strain, second by Folkert, and all voting in favor, resolution adopted. Resolution granting a variance to the premises located at 2031 - 18th Street N. W. for a second floor addition to existing garage. Upon motion by Postier, second by Cherland, and all voting in favor, resolution adopted. Resolution rescinding resolution adopted by Common Council on April 8, 1968 endorsing and urging the adoption of flood control Plan 7 and endorsing and urging the adoption of Plan 8 to control the flood water problems in the South Zumbro Watershed. Upon motion by Cherland, second by Strain, and all voting in favor, resolution adopted. Resolution vacating a portion of public alley in Block 7, Highland Addition. Upon motion by Larson, second by Cherland, and all voting in favor, resolution adopted. Resolution including a portion of the SE'k of Section 12, Township 106 North, Range 14 West in the Rural Service District (containing 17.24 acres). Upon motion by Postier, second by Folkert, and all voting in favor, resolution adopted. Resolution requesting Commissioner of Highways to undertake study of speed limitations on T. H. No. 63 (North Broadway) within the City limits of Rochester between 14th Street and 27th Street North. Upon motion by Ludowese, second by Larson, and all voting in favor, resolution adopted. Resolution initiating condemnation proceedings for easement over Parcel No. 3 and Parcel No. 5 in Allendale Subdivision (owned by Esther Ballou and.Dana and Helen Eisenman). Upon motion by Folkert, second by Postier, and all voting.in favor, resolution adopted. A motion was made by Larson, second by Ludowese,.that the City Attorney and Administrative Assistant appoint the appraisors; all voted in favor. An Ordinance relating to the Rochester Fire Department, increasing the number of firefighters; and amending Rochester Code of Ordinances Section 23.010, was given its first reading. An Ordinance rezoning certain property (Holm & Olson Property to R-3 District) and I. • 1 • 1 0 Record of Official Proceedings of the Common ' Council 437 of the City of Rochester, Minn., November 17, 1969 1 • 1 • 1 amending the ,'Zoning Ordinance of the City of Rochester,. Minnesota, was given its first reading, An Ordinance.relating to obscene material; prohibiting certain acts in relation thereto.; providing penalties therefor;. and amending the Rochester Code of Ordinances, was given its first reading. Upon motion by Larson, second by Cherland, and upon roll.call and all voting in favor, the rules were suspended And the ordinance was given its second reading. Upon motion by Postier, second by Ludowese, and upon roll call and all voting in favor, the rules were suspended and ,the ordinance was given its third and final reading. A motion was then made by Postier, second by Ludowese, that the said ordinance be adopted as rea4 and all voting in favor, President DeVries declared the said Ordinance duly passed and adopted. A motion was made by Postier, second by Folkert, that an Ordinance annexing to the City of Rochester., Lots 51, 53 and 57 North Sunny Slopes including k.of the public street right-of-way adjoining.Lots 51 and 57, be adopted as read and all voting in favor, President DeVries declared the said ordinance duly passed and adopted. An Ordinance rezoning certain property and amending the zoning ordinance of the City of Rochester, Minnesota (changing Lots 51, 53 and 57, North Sunny Slopes to R-Sa District) was given its first reading. Upon motion by Folkert, second by Postier, and upon roll call and all voting in favor, the rules were suspended and the ordinance was given its second reading. Upon motion by Folkert, second by Cherland, and upon roll call and all voting in favor, the rules were suspended and -the -ordinance was given its third and finalr eading. A motion was made by Strain, second by Folkert, that the said ordinance be adopted as read and all voting in favor, President DeVries declared the said ordinance duly passed and adopted. 1. was adjourned. Upon motion by Postier, second by Larson, and all voting in favor, the mee City Clerk C