HomeMy WebLinkAbout12-08-1969Record~•of Official Proceedings -of the Common Council
of the City of Rochester, Minn., - December 8, 1969
Minutes of a regular meeting of -the Common Council .of .the City..of. Rochester,. -
Minnesota, held .in the Council Chambers- in. the -City Hall, .in .said .City, on December 8, 1969.
President DeVries called the meeting to .order..at -2.:00 o'-clock P. M.-, the
following members being present:, President DeVries, Aldermen Cherland, Larson, Ludowese,
Postier, Strain. Absent: Alderman Folkert.
Upon motion by-Ludowese, second by Larson, .and all -present :voting .in favor -,_.the
minutes of the meeting of November 17,. 1969 were.approved.
A letter -from the Police -Wage Committee requesting.that an adjustment panel be
established to review and make recommendations -regarding wages -and fringe.-benefits.for the •
Rochester Police Patrolmen was read and upon motion :by Postier, second -by Strain, and all voting
in favor, the letter was referred to the Personnel Advisory Committee.
A letter signed by Reverend Alcuin-J: Henger, O.M.I., Director•of 1Madonna Towers,
in regard to the problems they feel were caused through the installation of the new traffic
signs -on the 37th Street Bridge across Highway 52, was read and upon motion by Ludowese,
second by Cherland, and all present voting in favor, the letter was referred to the Public
Safety Committee.
A letter from C. I. Glatzmaier requesting that two of -the parking meters opposite
the entrance at-105 Third Street S. W.-be converted to 12 minute meters, was read and upon
present
motion by Postier, second by Ludowese; and-all/voting in favor, the letter was referred to the
Public Safety Committee.
A letter from -Rochester Sand & Gravel,-Inc.;.stating-that they -have -permanent -
plant facilities near the Zumbro River across from the Disposal Plant, and asking that as the
"flood plans" progress that their situation be considered if there is any chance that the high
hater level will be raised in their area, was read and upon motion by Ludowese, second by
Strain, and all present voting in favor, the letter was referred to the Public Works Committee.
A letter from Ronald T. Wilczek making application for an "off sale" liquor
license was read and ordered placed on file.
A letter from Thomas Kruse making application for one day 3.2 beer license for
several events at the Mayo Civic Auditorium and a letter from the Board of Park Commissioners •
urging approval of this request, were each read and upon motion by Postier, second by
Larson, and all present voting in favor, the same were referred to the Public Safety Committee.
A letter from the Olmsted County Board of Health regarding sewage disposal in
the Rochester metropolitan area and requesting a meeting with the Council to further discuss
this, was read and upon motion by Strain, second by Postier, and all present voting in favor,
the letter was referred to the Public Works Committee and the Planning & Zoning Commission.
A notice from the Public Service Commission granting approval of the petition
of the C.N.W. Ry. Co. to remove and abandon one spur track in its entirety and a portion of
another spur track, and a machinery platform in Blocks 47, 36, 33 and 22 of the Town of
Rochester, Minnesota, was read and ordered placed on file.
•
Record of Official Proceedings of the- Common Council
of the City of Rochester, Minn., December 8, 1969
439
1
0
1
A notice from the Public Service Commission setting, a hearing at the Court House in
Rochester, Minnesota on December 19, 1969 at 10:00 A. M. in the matter of the petition of the
Board of County Commissioners to investigate into conditions surrounding the Highway Railroad
GradeCrossing located at the point where CSAH NO. 9 crosses the r-o-w and tracks of the
C.N.W.Ry. Co. at a point approximately 2.5 miles east of the City of Rochester and to order
the installation of such additional protection as may be deemed necessary, was read and
ordered placed,on file.
The five following resolutions adopted by the Public Utility Board were each read and
upon motion by Strain, second by Postier, and all present voting in favor, the same were
approved: (a) resolution requesting authorization to enter into contract with Keys Well
Drilling Company $5,216.00; (b)resolution requesting approval of change order to contract
with Crown Iron Works Company (c) resolution requesting approval of change order to Dick
Jones Company contract (d) resolution requesting authoriziation to execute release and
indemnity agreement between the City, Crown Iron Works and St. Paul Fire and Marine Insurance
Company and (6) resolution requesting authoriziation to sell a transformer to the City of
Hutchinson.
I
Three resolutions adopted by the Public Utility Board (a) that $125,000.00 be
appropriated to each of the four banks for purchase of Certificates of Deposit (b) that
$246,929.17 be appropriated to the Rochester State Bank for purchase of U. S. Treasury Bills
and (c) that $150,000.00 be appropriated to the Rochester State Bank for purchase of FIC
Bank Debentures, were each read and upon motion by Cherland, second by Postier, and all
present voting in favor, the same were approved.
A petition with 139 signatures requesting that the Council.give favorable consideration
to the passage of the proposed "Common Day of Rest" ordinance was read and ordered placed on
file.
The following applications and petitions were read -and upon motion by Ludowese,
second by Postier, and all present voting -in favor, the same were referred to the Planning &
Zoning Commission:
1. petition of Floyd and Marian Larsen for change of zoning on property
at 1st Avenue S. E. south of 16th Street S.E.
2. petition of Elizabeth E. Grindlay for change of zoning on property
lying southwesterly of 19th Street and 3rd Avenue N.W.
3. application for approval of community development project -property
southwesterly corner of 19th St. and 3rd Ave. N.W.
4. application for plat approval - Grindlay property.
5. application, for approval of general development plan for Haven Hill
AdditionN
6. application for waiver or complieance with subidivision ordinance -
Bethel Lutheran Church -Graham Estate.
A letter from Daniel J. Hunter, Acting Assistant Regional Administrator for
Program Coordination and Services, stating that a Workable Program is not a prerequisite to
receive federal water and sewer grants or open space funds, was read and ordered placed on
file. A motion was then made by Postier that the Planning & Zoning Commission do not proceec
with updating the Workable Program as we now have concrete evidence it is not necessary,
Ludowese seconded the motion and all present voted in favor except DeVries and Larson who
voted "nay".
440 Record of Official Proceedin 1 s of the Common Council
of the City of Rochester, Minn., December 8, 1969
A letter from Allan E. Anderson, Director of Housing and Community Development,
State of Minnesota, in regard to the procedure of the City of Rochester in dissolving the
ster Housing Authority, was read and ordered placed on file.
A letter from William Price, Attorney for the Rochester Solid Waste Association,
advising that the members of the Association unanimously oppose a fee dump, but if a•fee
arrangement is established pursuant to the present recommendation then an additional 50C
rate increase is requested for delivery to the present dump and an increase of $1.00 in the
event the dump is moved to Oronoco, was read and upon motion by Postier, second by Ludowese,
and all present voting in favor, the letter was referred to the Publid Safety Committee.
The recommendation of the Planning & Zoning Commission that the application of
Vogel Outdoor Advertising to place their porta-panel advertising device in the Miracle Mile
Shopping Center during the month of January, 1970 be granted approval as requestes subject to
adequate safety precautions as may be imposed by the Department of Building and Safety, was
read and upon motion by Postier; second by Ludowese, and all present voting in favor, the
recommendation was accepted -and the request approved.
The recommendation of the Planning & Zoning Commission that the petition to
vacate a part *of the east -west alley abutting Lots 7-10 and 25-28, Block 22, Northern Addition
and proposal to dedicate an alternate alley location along the west 15 feet of Lot 11,
Block 22, Northern Addition (Samaritan Nursing Home) be vacated subject to the petitioner
dedicating the land for and constructing an alterr3te alley along the west 15 feet of Lot 11,
Block 22, Northern Addition and relocating the existing utilities and providing an acceptable
means of access to the garage located on the north part of Lot 24, Block 22, Northern Addition
was read. Upon motion by Postier, second by Ludowese, and all present voting in favor, the
recommendation was accepted and the City Attorney was instructed to prepare a resolution
ordering a hearing on the proposed vacation.
The recommendation of the Planning & Zoning Commission that the petition to
vacate the five utility easements in various locations in Block 4, Valhalla Fourth Subdivision
be approved, was read. Upon motion by Larson, second by Ludowese, and all present voting in
favor, the recommendation was accepted and the City Attorney was instructed to prepare a
resolution ordering a hearing on the proposed vacation.
The recommendation -of the Planning & Zoning Commission that the petition to
vacate a portion of the dul-de-sac on thewest end of 19th Street N. W. abutting Lot 13, Block 4,
Valhalla Fourth Subdivision be denied, was read. Upon motion by Ludowese, second by Cherland,
and all present voting in favor, the recommendation was accepted and the petition denied.
The recommendation of the Planning & toning Commission that the easement along
(Lots 9 and 10, Block 4, Valhalla Fourth Subdivision be accepted and also that the easement in
ILot 14, Block 4, Valhalla Fourth Subdivision be accepted, were each read and upon motion by
(Larson, second by Ludowese, and all present voting in favor, the recommendations were accepted.
The recommendation of the Planning & Zoning Commission that the easement in
0
1
•
I I
(Block 1, Valhalla Fourth Subdivision be accepted, was read and upon motion by Ludowese, second
0
Record of Official Proceedings of the Common Council
of the City, of Rochester, Minn., December 8, 1969
44:1
1
•
1
LJ
by Cherland, and all present voting in favor, the recommendation was -accepted.
The recommendation of the'Planning & Zoning Commission that they had -considered
the application to vary the front yard provisions of the Zoning Ordinance to permit an
accessory building to be located in the required front yard at 1004-1008 12th Street S. E.
and that this applicationdoes not satisfy.the basic criteria established in the Zoning
Ordinance for granting;a variance and therefore they recommend that the application be
denied, was read. Upon motion by Larson, second by Postier, and all present voting in favor,
the recommendation was accepted and the application for a variance denied.
The recommendation of the Planning & Zoning Commission that the petition to
change the zoning districting on Lots 7-11-and 25-28, Block 22, Northern Addition (Samaritan
Nursing Home) from the R-1 and R-2 District to the R-3 District be granted approval,, was read)
Upon motion by Postier, second by Ludowese., and all present voting in favor, the recommendati(
was accepted and a hearing on the proposed zone change was set for 7:30 o'clock P. M. on
January 19, 1970.
The recommendation of the Planning & Zoning Commission that the Commission
initiated change of zoning districting on the north 431.53 feet of Outlot 5 Northern Addition
lying east -of 3rd Avenue N. W, from M-1 District to the B-lb District (east side of 3rd
Avenue N. W. in the area south of Elton Hills Drive N.W.) be granted approval, was read. Upon
motion by Ludowese, second by Strain, 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.
January 19, 1970.
The recommendation of -the Planning & Zoning Commission that the application to
amend the community -development project plan of Valhalla Park be granted approval, was read.
Upon motion by Postier, second by Strain, and all present voting in favor, the recommendatio
was accepted and a hearing on the proposed amendment was set for 7:30 o'clock P. M. on
January 5, 1970.
The recommendation of the Planning & Zoning Commission that the proposed
amendment to the City's Adopted Thoroughfare Plan to delete the S.E. segment of Circle Drive
from CSAH No. 9 to 20th Street S. E.-at llth Avenue S.E. be approved, was read. Upon motion
by Strain, second by Postier, and all present voting in favor, the recommendtion was acceptec
and a,hearing was set for 7:30 o'clock P. M. on January 5, 1970.
The recommendation of the Planning & Zoning Commission that the application for
approval of the final plat of Apache Mall Shopping Center Subdivision be granted approval
subject to (1) the private legal agreements pertaining to the private easements.ate.in a
form satisfactory to the City Attorney and (2) include in the "private easement" agreement
affecting.Lot 1, Block 4, Apache Mall.Shopping Center Subdivision a statement that any
proposal of the owners of all or any part of Lot 1, Block 4, Apache Mall Shopping Center
Subdivision.to relocate the "private.easement" across.said.lot, be subject .to the approval
of the City.of Rochester, was read. ,The,City Attorney reviewed the proposed, tri-party
i-
44
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., December 8, 1969
40
agreement between the City, Rochester Mall Company and the land owners south of the plat, and
also the private easement agreement between Rochester Mall Company and the land owners. He
stated that the private easement agreement required the land owners to pay for the cost of
improving the access street South of 16th Street and further provided that the street would be
Upon motion by Postier, second by Ludowese; and all voting in favor, the meeting
was recessed at 3:30 P. M. The meeting was called to order again at 4_:OO P.M: with all members
present except Alderman Folkert.
The recommendation of the Planning & Zoning Commission that they had reviewed
the application to amend the City's Adopted Land Use Plan to designate the S.E.'k of the N.W.k •
Section 7, Township 106 North,,Range 13 West as being�'suited for medium denisty residential
and that they feel the land -in this application is suitable for multi -family use and they
recommend that it -be approved for that use and also that the DeWitts Addition, Parkiside
Trailer Park and the NE'k-of the NW'k of Section 7-106-13W should also be designated as being
suited for multi -family use in the future, was read. Upon motion by Strain,°second by Larson,
and all present voting in favor, the recommendtion was accepted and a hearing on same was set
for 7:30 o'clock P. M. on January 5, 1970.
The recommendation of the Public Safety Committee that the application for
transfer of the intoxicating liquor license presently -issued to Erwin Glasenapp as a•partner
dba The Normandy Bar at-8 South Broadway to Broadway Restaurants, Inc. at the same location
be approved,'wa`s read and upon motion by Cherland, second by Postier, and all present voting
in favor, the recommendation was accepted and the transfer granted.
The recommendation of the Public Safety Committee that the application for
t'ransfer of the liquor license presently issed to J. Henry Bourret dba Heidelberg Bar at 313 -
lst Ave. S.E. to the Heidelberg Company, a partnership of Roger Daly, J. Richard Davitt and
Vincent Berg at the same location be approved, was read. Upon motion by Cherland, second by
Postier, and all present voting in favor, the recommendation was accepted and -the transfer
granted.
The recommendation of the Public Safety Committee that the request of the
Calvary Episcopal Church to reserve parking spaces immediately around the church -on Second
Street and Third Avenue S. W. be denied, was read. Upon motion by Postier, second by Cherland,
and all present voting in favor, -the recommendation was accepted and the request denied.
The recommendation of the Public Safety Committee that the request of property
owners of the 1100 block of West Center Street that paArking be reinstated on the south side
of the street from llth Avenue West be denied at this time and be reconsidered after the winter
months so that the effectiveness of the one-way street and existing parking restriction can be
better determined, was read. Upon motion by Cherland, second by Postier, and all present
voting in favor, the recommendation was accepted.
The recommendation of the Public Safety Committee that (1) a resolution be
adopted authorizing the Mayor and'City Clerk to execute the grant agreement in the amount of
$5,516.00 for a proposed project for training all law enforcement officers in the county and
•
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., December 8, 1969
443
1
0
1]
(2) an amount of $3,000.00 be encumbered against unexpended appropriations in the General
Fund budget for purposes of Police Firearms Training Facilities, was read. Upon motion by
Cherland, second by Ludowese, and all present voting in favor, the recommendation was
accepted and the City Attorney instructed to prepare the necessary resolution.
The report of the City Engineer that they had examined the petition for concrete
curb and gutter on both sides of 3rd Place N.W. from 36th Ave. N.W. to and including all
36xx and 37xx numbered lots and recommend its construction in 1970 ?.ih conjunction with
other projects in the vicinity, estimated cost $6,323.00, was read together with the
recommendation of the Public Works Committee that the report be approved and a hearing be
set. Upon motion by Ludowese, second by Postier, and all present voting in favor, the
recommendation was approved.
The report of the City Engineer that they had examined the petition for curb and
gutter on both sides of 4th Place N.W. from 36th Avenue to the west lineof 4th Place N. W.
as platted in.Country,Club Manor 1st Addition and recommend its'construction in 1970 to be
contracted in conjunction with other projects in this.vicinity, estimated cost $11,814(;00,
was read together with the recommendation of the Public Works Committee that the report be
40proved ;amd -a hwwing be set. 13pon vaotion by Postier, second by Strain, and all present
voting in favor, the recommendation was approved.
The report from the Planning Department that the application requesting a
waiver of the requirements of the subdivision ordinance to convey property by metes and
bounds, of the First National Bank of Minneapolis (c/0 G. M. Lowry) be approved subject
to the property being platted at a later date as agreed to by the owner, was read. Upon
motion by Postier, second by Strain, and all present voting in favor, the same was approved,
The application of Calvin Bigelow for a Journeyman Plumber's license was read
and upon motion by Larson', second by Ludowese,, and all present voting in favor, the license
was granted.
The application of Western Station Store at 1607 South Broadway for a license to
sell cigarettes at retail wa's read and upon motion by Ludowese, second by Postier, and all
present voting in favor, the license was granted.
The contract bond of K & S Construction Company, Inc. in -the amount of $82,880.
with United States Fidelity and Guaranty Company as surety and Lowell Penz, Floyd E. Larson
and Robert G. Gill .in the amount of $16,800.00 with the United States Fidelity and Guaranty
Company as surety were each presented and referred to the Mayor for approval.
A motion was made by Strain, second by Cherland,-and passed unanimously by all
present, that the semi-monthly bills, list attached hereto, in the amount of $756,543.87
be approved.
A ummary of actions taken to correct zoning violations on properties located at
N. W. and S..W. corners of llth.Street N. W. and North•Broadway (Rochester Rent -All) as
prepared by the Planning Department was presented. Upon motion by Larson, second by
0
Ludowese, and all present voting in favor, this matter was referred to the Public Works
Committee.
r44:
Record -of Official Proceedings of the Common Council
of the City of Rochester, Minn., December 8, 1969
The recommendation of the Planning & Zoning Commission that the appliation for
approval of the preliminary plat of K-Mart Plaza Subdivision had .been reviewed and recommend
this the plat be granted approval subject to the following conditions, was read:
(1) The name of this plat should be changed to K-Mart Plaza Subditirsion and so
labeled on the preliminary plat.
(2) The right-of-way width of proposed 9th St. S.E. should be widened to at least
seventy five feet. The heavy traffic volumes a shopping center will likely
generate plus the traffic from this neighborhood itself make it important that
9th St. S.E: have more than the minimum 66 foot'righe.;-of-way. This street
should extend from South Broadway to 3rd Ave. S.E.
(3) The property designations'of "parcel" should be changed to Lots 1;2 and 3, on
the plat.
(4) Another problem which must be resolved is the design of an adequate -intersection
at 9th St. and South Broadway. The proposed connection of 1st Ave. S.W. with Bdwy
through the N.E. part'of Soldiers Field Park twill be in close proximity to the
proposed intersection of 9th St. S.E. and the geometries of these intersections
need to be worked'ou't. The City's Traffic Engineer has made some preliminary
designs for these intersections and we favor the layout labeled as Plan I.
(5) The plat includes only the north half of the proposed 9th St. S.E. right-of-way.
Obviously the street can't be built until its full width is platted from 3rd Ave.
S.E. to Bdwy. Some attempt should'be made at'this'time to see that all of this
street is platted. This will involve the Olmsted Medical Group and the Olmsted
Medical Profit 'Sharing Trust.
(6) If 9th St. S.E. is opened, then 9k St. S.E. should be closed. We feel this would
result in a much improved traffic system for the whole S.E. section of Rochester.
Coupled with this proposal should be the extension of 1st Ave. S.E. from 9k St.
S. E. to proposed 9th'St.'S.E.' This would provide a more convenient means of
access and traffic circulation in the area south of 9k St. S.E.
A motion was made by Postier, second by Ludowese, that the recommendation be accepted with the
deletion of paragraph Nos. 2, 4 and 6 and the requirement be added that the Graham Estate
dedicate the full width of the road on whatever they own or have control of; all present voted
in favor, except President DeVries who voted "nay"..
The recommendation of the Planning & Zoning Commission that the preliminary
community shopping center plan for K-Mart to be located on the Graham Property S. E. be given
approval subject to resolving the following problems, was read:
(1) The sign at the southwest corner of the paln must be relocated to be at least
50 feet from all property lines.
(2) As pointed out by the Assistant City Engineer, the 30 foot access ways to the
parking area must be narrowed to a maximum of 28 feet.
(3) Section 47.002 of the Zoning Ordinance allows a mxaimum of twenty-five (25)
percent of the area of the plan to be covered by buildings. The plan presented
here just meets this requirement, provided the garden shop area on the east side
of the mercantile.building is not covered.. The plans filed with this application
show the garden shop as not having a roof and this is how this area would have
to be built and maintained if the plan is approved.
(4) A thirty foot driveway easement is proposed on the preliminary plat of this area
but the shopping center plan shows some parking stalls located over this easement.
The plan should be modified to' honor that easement.
(5) Section 47.03,of the Zoning Ordinance allows the Common Council to require any
changes or modifications to be incorporated into a shopping center plan which it
feels,are necessary additions. We would recommend that if it is decided to
approve a shopping center at this site then the Planning Commission and Council
should require some type of screening (either a structural fence or some type of
platings) to be placed along the east boundary of the shopping center. This would
allow the shopping center to be at least partially screened from the residential
properties on the east side of 3rd Ave. S.E.
(6) The so-called "joint buffer use zone" is actually not a part of Lotl which makes
up the shopping center plan. This area should be removed from the plan and a
screening should be required along the north edge of Lot 1 similar to the screen
mentioned in item 5.
(7) One of the most important considerations to be made here is the proposed 9th St.
S.E. We feel that it would be absolutely necessary for this street to be in
service before this area is ever allowed to be used as a shopping center. This
street should have a minimum right-of-way width of 75 feet and extend from South
Broadway m 3rd Avenue S.E.
(8) According to the requirements of Article 47.024 of the Zoning Ordinance a'minimum
of eleven (11) off-street unloading spaces are required for this shopping center
where according to what we can tell from the plans only nine (9) are provided.
1
is
1
0
1
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., December s, B69
r
4415
1
•
1
e
1
Upon proper application the petitioner can request the City to reduce by two
the number -of off-street loading spaces if he can demonstrate to the City that
they are not needed at this time or in the future for the proper servicing of
this shopping center. We would also be concerned about no loading.or unloading
.from -any of the adjoining public streets.or roadways.
(9) No construction shoiild be allowed to proceed on this proposed shopping center
until the final plat is approved by the.City and recorded in the Courthouse.
A motion was made by Strain that the recommendation be.accepted with the deletion of parag
#6 and changing paragraph #7 by scratching the 75 feet and putting in 66 feet and that a
hearing be set for 7:30 o'clock P. M. on
; Ludowese seconded the motion and
all present voted in favor, except President DeVries who voted "nay".
Upon motion by Larson, second by Ludowese, 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 ot'clock P. M. with the
following being present: President DeVries, Aldermen Cherland, Larson, Ludowese, Postier,
Strain. Absent: Alderman Folkert.
President DeVries stated this as being the time and place set for hearings on
the following:
Hearing on proposed change of zoning districting on a part of the "Graham Estate
property located just south of the Summit Building on 3rd Avenue S.E. from the R-2 to the
B-3 District. There was no one present wishing to be heard; President DeVries declared the
hearing officially closed. Upon motion by Strain, second by Ludowese, the recommendation
of the Planning & Zoning Commission that the zone change be granted was approved and the
City Attorney was instructed to prepare an ordinance making the requested zone change; all
present voted in favor, except President DeVries who voated "nay".
Hearing on proposed change of zoning districting along the south side of East
Skyline Drive including a parcel of Grandview Memorial Gardens Cemetery property and part o
the west 300'feet of the Perry property from the R=1 to the B-lb District; There was no
one present wishing to be heard; President DeVries declared the hearing officially closed. -
Upon motion by Postier, second by Ludowese, the recommendation of the Planning & Zoning
Commission that the zone change be granted was approved and the City Attorney was instruct
to prepare an ordinance making the requested zone change; all present voted in favor.
The recommendation of the Public Wqrks Committee that they had considered the
matter of instituting charges for the use of the City land Fill and recommend the following,
was read: use
A. The City adopt a policy of collecting charges for the/of the land
fill with the intent of paying its operating costs from these charges
rather than from the general taxation. We also consider the direct
user -charge to be a more equitable method of paying for the land fill
services than general taxation.
B. The initial charges to be:
1. Car & Station Wagons (each .25
2. Pickup, panels, 2 wheel trailers (full load or not) 1.00
3. One axle truck, 4 wheel trailer ( " it It
) 2.00
4. Tandem axle truck ( to it it ) 5.00
5. Semi Truck (3 axle) ( " " " ) 10.00
6. Appliances (each) 1.00
7. Tires (per load) (full load or not) 20.00
r�
U
446 Record -of Official ProceedinJ s _of. the Common Council
of the City of Rochester, Minn.,' December 8, 1969 •
8. Special Handling 5.00
9. Junk Cars (each) 10.00
10. Packer trucks, (actual volume) 0.20 cu. yd.
11. Flammable liquids Not accepted
C. The charges be put into effect as early as possible at the present land
fill site, and continued at the new site when it is put into use.
They further recommend that the Finance Committee develop procedures for
collecting and accounting for the income.
Mr. William Price, Attorney representing the haulers was present and requested that the
recommendation of the Public Works Committee and the letter requesting a rate change, presented
at the afternoon meeting, be consolidated and both be referred to the Public Works Committee or
Finance Committee and that they then be allowed to be heard before one of these committees. Mr.
Robert Apsey of 819 Northern Heights Drive said he hauled his own refuse and would not like to
have the charge greater for individuals than f6r the haulers. Mr. Roger Hovland of 712 17th
Avenue N. E. said'he was very concerned with the raise in taxes in the past few years and
thought this should be considered very carefully, it should be made as easy as possible to
get rid of the rubbish and if it has to be paid by taxes then he suggests that it be put in
general taxation. Mr. & Mrs. Harold Watson of 1573 5th Avenue N. E. were also each heard. A
motion was then made by Larson, second by Strain, that this matter be referred to the Finance
Committee and the Public Safety Committee; all present voted in favor.
Mr. Robert'Apsey of 819 Northern Heights Drive inquired as to what policy was
used in snow shoveling, he said he shoveled his sidewalk but some of the vacant'lots were not
shoveled. The City Engineer explained that after 48 hours the Engineer's Department will help
remove the snow from the sidewalk and suggested if it had not been done by 48 hours that they
give the Engineer's Department a call.
The recommendation of the Public Works Committee that the low qualified bidders
on equipment and salt as recommended and listed below be accepted, was read:
1. 2000 gallon street flusher- 5. Trucks
Rufferidge Johnson Co. $3,498(low) Universal Ford Co.
Borchert Ingersoll Inc. 4,748 Selby Truck Sales
2. Season's supply of salt Truck Service Co.
Cargill 11.00 per ton FOB Rochester (low) 1 ,500 #GVW
Diamond 12.00 2-5,500 ��GVW
International 15.50
Morton 19.50
3. Five Snow Plows
Road Machinery Company, 5,315.00 (low)
Chas. Olson Company 5,500.
Itasca Company 5,930.
Hayden Murphy 5,995.
16,719.30
15,156.85
5,813.
9,149.
Upon motion by Larson, second by Postier, and all present voting in favor, the recommendation
was approved and the low bids accepted.
A motion was made by Larson, second by Strain, that the following resolutions be
adopted in block; all present voted in favor. A•motion was then made by Postier, second by
Ludowese, that the said resolutions be adopted as read and all present voting -in favor,
President DeVries declared the said resolutions -duly passed and adopted:
Resolution levying taxes for payment of $1,525,000 Improvement,Bonds, Series J.
Resolution authorizing conveyance of land by metes and bounds - Section 2-106-14
(Bethel Lutheran Church - Graham Addition)
1
Cl
1
0
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., December 8, 1969
447
1
•
1
L
C
11
Resolution authorizing Public Utility Board to enter into contract with Keys
Well Drilling Company for removing deep well pumping unit.
Resolution authorizing Mayor and City Clerk to execute release and indemnity
agreement between the City, Crown Iron Works and St. Paul Fire and Marine Insurance Co.
Resolution authorizing execution of change order to contract with Crown Iron
Works Co.
Resolution approving appropriating $297,929.17 to Rochester State Bank for the
purchase of U. S. Treasury Bills.
Resolution approving appropriating $150,000.00 to Rochester State Bank for the
purchase of FIC Bank Debentures.
Resolution approving appropriating $125,000.00 to each of the four banks for
the purchase of Certificates of Deposit.
Resolution approving sale of transformer to City of Hutchinson.
Resolution approving change order to contract with Dick Jones Co. for make up
well pump house.
Resolution accepting grant of drainage easement - Vallhalla Fourth Subdivision.
Resolution accepting grant of utility, drainage and access easement - Valhalla
Fourth Subdivision.
Resolution accepting grant of utility and drainage easement - Valhalla Fourth
Subdivision.
Resolution ordering hearing on construction of 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 ordering hearing on construction of curb and gutter on both sides of
4th Place N. W. from 36th Avenue N. W. to west line of 4th Place N. W. as platted in
Country Club Manor 1st Addition.
Resolution accepting bids for furnishing three trucks for S & A Dept.
Resolution accepting bids for furnishing five snow plows.
Resolution accepting bids for furnishing one air compressor.
Resolution accepting bids for furnishing season's supply of rock salt.
Resolution accepting bid for furnishing one street flusher.
Resolution accepting bid for furnishing and hauling the season's supply of
gasoline for the City.
An Ordinance relating to the Rochester Police Department and the Personnel
thereof and amending Rochester Code of Ordinances Section 24.010 was given its first
reading. Upon motion by Postier, second by Strian, and upon roll call and all present
voting in favor, the rules were suspended and the ordinance was given its second
reading.
An Ordinance rezoning certain property and amending the Zoning Ordinance of the
City of Rochester, Minnesota (Holm & Olson Property to R-3 District) was given its
second reading.
is
446
Record of Official Proceedings of. the Common Council
of the City of Rochester, Minn., December 8, 1969 •
An.Ordinance relating to the Rochester Fire Department;.increasing the number of
firefighters; and amending Rozhester.Code of Ordinances Section 23.010, was given its second
reading. Upon motion by Larson, 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
read, and all present voting in favor, President DeVries declared the said ordinance duly
passed and adopted.
An Ordinance annexing to the City of Rochester, Minnesota, certain unplatted
lands situated in Section 12, Township 106 North, Range 14 West, Rochester Township and in
•
Section 7, Township 106 North, Range 13 West, Marion Township, Olmsted County, Minnesota,
(hog farm and Bear Creek park land) was given its first reading. Upon motion by Larson,
second by Strain, 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 Postier, 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 Strain, second by Postier,
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 removing Bel Air Second Subdivision and Indian Heights Third
Subdivision from the Rural Service District; Upon motion by Larson, second by Postier, and all
present voting in favor, resolution adopted.
Resolution including in the Rural Service District a part of the South Half of
the Southwest Quarter of Section 15, Township 107 North, Range 14 West (Pennington 22.68 acres).
Upon motion by Postier, second by Ludowese, and all present voting in favor, resolution adopted.
Resolution including in the Rural Service District a part of the NEk of
Section 28, Township 107 North, Range 14 West (Grieve property - 29.00 acres). Upon motion by
Ludowese, second by Cherland, and all present voting in favor,re solution adopted.
Resolution including in the Rural Service District a part of the SEk of the
SWk of Section 12, Township 107 North, Range 14 West (Clemens property - 21.5 acres). Upon
•
motion by Postier, second by Strain, and all present voting in favor, resolution adopted.
Resolution approving Grant Agreement for police firearms training and directing
Mayor and City Clerk to execute same on behalf of the City and its Police Department. Upon
motion by Ludowese, second by Postier, and all present voting in favor, resolution adopted.
Resolution approving Management Agreement for the Norton Parking lot between the
City of Rochester and Rochester Auto Park, Inc. and directing Mayor and City Clerk to execute
same. Upon motion by Ludowese, second by Postier, and all present voting in favor, resolution
adopted.
Resolution approving the certificate of the Olmsted County Board classifying and
appraising the value of certain tax forfeited lands. Upon motion by Postier, second by Larson,
and all present voting in favor, resolution adopted.
Record of Official Proceedings of the Common' Council 449
40 of the City of Rochester, Minn., December 8, 1969
1
•
F_
1
•
1
Resolution requesting County Board that tax -forfeited land (Northern Addition,
that part of Block 18 which lies north of 13th Street N. W. and west of the west boundary
line of Oak Rest be conveyed to the City for use as a site for a flood control project
and channel improvement. Upon motion by Larson, second by Strain, and all present voting
in favor, resolution adopted.
Resolution making application to Housing and Urban Development for a grant in
the amount of $3,750.for general park purposes. Upon motion by Larson, second by Strain,
and all present voting in favor, resolution adopted.
Upon motion by Larson, second by Postier, and all present voting in favor, the
meeting was adjourned until 7:30 o'clock P. M. on December 22, 1969.
City Clerk
0
F'45,0 Record of Official Proceedings of . the Common Council
of the City of Rochester, Minn.,
• Record of Official Proceedings of the `Common Council
of the City of Rochester, Minn., December 8. 1969
1
C�
1
1
•
1
Commission be accepted as it was written and a hearing on the approval of the plat be set
for 7:30 P. 14. on December 22, 1969; all present voted in favor.
Hearing on proposed change of zoning districting on the property lying on the
east side of U. S. 63 South from 16th Street S. E. to the 3rd Avenue S. E. intersection
with U. S. 63 and west of 1st Avenue S. E. from the M-1 District to the B-3. A letter
signed by Inez Schaefer, owner of property on both sides of Highway 63 South, requested
that the Council consider rezoning the entire stretch from 16th Avenue S. E. to the city
limits on both sides of the highway as B-3 and thought that is is manifestly unfair and
inequitable to zone the west side of the highway partially to B-3 without zoning the
entire area on the west side to the same zoning, was read and ordered placed on file. Mr.
Ronald Seeger, Attorney representing Mrs. Reva Thompson, said they felt the property on
the East side.should be more restricted and objected to any move to change the west side.
There was no one else present wishing to be heard. President DeVries declared the hearing
officially closed. The recommendation of the Planning & Zoning Commission that this zone
change be granted approval was again read. A motion was made by Larson, second by
Ludowese, that the recommendation of the Planning & Zoning Commission be accepted and the
City Attorney was instructed to prepare an ordinance making the requested zone change; all
present voted in favor.
Hearing on proposed change of zoning districting on all of Lot 1 and that part
of Lot 7, Block 3, Golden Hill Addition lying west of U. S. 63 South from the B-lb
District to the B-3 District. There was no one present wishing to be heard. President
DeVries declared the hearing officially closed. The recommendation of the Planning &
Zoning Commission that this zone change be granted approval was again read. Upon motion
by Strain, second by Cherland, and all present voting in favor, the recommendation was
accepted and the City Attorney was instructed to prepare an ordinance making the requested
zone change.
0
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., December 8, 1969
CA-60713
subject to relocation at the option of.Rochester Mall Company to fit their development plans.
Any costs involved in such ,relocation would be paid by Rochester Mall Company.. It provides
for the street as a public street after the same has been improved and plans for the development
of the subject property have been adopted by the Rochester Mall Company. The tri-party agreement
was summarized as follows: it provides for°the dedication of the street•by•Rochester Mall Company
and the land owners after the development plan has been approved by the City of Rochester. If
such dedication is not made, dedication may be required at the sole option of the City after
the street has'actually been improved. After dedication, further improvements and maintenance
costs are to be assessed in the same manner as other public streets. Mr.Swanson stated that the
Common Council should.not accept the plat because it involves the dedication of property at such
time as private individuals may decide. He advised the Common Council to definitely locate the
street"and have it dedicated for street purposes on the plat with the understanding that the
same could be vacated and relocated if the plans of the -Rochester Mall Company should require
such relocation at a later date. He further stated that one of the arguments of the Rochester
Mall Company for the private easement agreement was that the Rochester Mall Company property
would not be benefited by this street. He stated that there may in fact be a benefit and the
Common Council should retain the authority to assess the benefits against the Rochester Mall
Company property as well as the property located south of the proposed plat.
Mr. Coleman, Manager of Apache Mall Company, said sometime back they appeared
before -the Common Council with the problem that they faced with obtaining the subdivision plat
for Apache Mall Shopping Center°and at that time we established the objectives that would be
required to satisfy the property owners south of their property holdings who are outside the
City of Rochester; subsequent to that meeting they met with various city officials and thought
they had worked'out all the requirements satisfactorily, -they drew up a legal document with the
approval of Mr. Swanson, his comments here today are a complete surprise. He said their
counsel had submitted these and obtained agreement but if they do not have the approval of Mr.
Swanson now he just could not comment. He said they had been in negotiations with the property
woners south of 16th Street, they have obtained their approval and have done everything that
they had established with the city.officials of Rochester and came here today with no idea that
there would be any comments life were made today, he said they`had assumed that it was all cut
and dried. He said the Planning Commission has approved the plat with the one condition that
is a surprise to him, he said he did not know what more they could do. He said they had gone
to.the property owners outside the City and we have established a tri-agreement. He said they
want to be able to move the location of the private easement when they establish their improvement
program, they are now in negotiations with two groups who will ask the relocation of this and
they have already shown that the relocation will be between the grantee and the grantor and he
wondered what more Apache Corporation or Rochester Mall could do to satisfy the City. He
requested that the Council approve the recommendation of the Planning & Zoning Commission with
one exception that they can move the location of the easement subject to the agreement. A
motion was made by Cherland, second by Postier, that the recommendation of the Planning & Zoning
•
1
1
•