HomeMy WebLinkAbout12-22-1969Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., December 22, 1969
451
1
•
1
1
•
1
Minutes of an adjourned 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 22, 1969.
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,
Postier, Strain. Absent: None.
Upon motion by Ludowese, second by Postier, and all voting in favor, the minutes of
the meeting held on December 8th, 1969, were approved with the following correction that
Alderman Ludowese had voted "nay" to the recommendation of the Public Works Committee for curb
and gutter on both sides of 4th Place Northwest.
President DeVries stated this as being the time and place set for a hearing on
approval of the final plat of Apache Mall Shopping Center Subdivision. In question was an
easement agreement between the Rochester Mall Co. as "Grantor", and Agnes K. Berens, George A.
Hallenbeck and Marian Hallenbeck, his Wife, William H. Bickel and Annette Ray Bickel, his
Wife, Mark B. Coventry and Paul R. Lipscomb and Phyllis 0. Lipscomb, his Wife as "Grantees."
This agreement refers to the Grantor as owner of a tract of land which abuts property of the
Grantees, and Grantees desire access to this property. The Grantor is willing to provide
Grantees with an easement over and across its land according to said agreement, which is now
in the files of the Office of the City Clerk. Said Agreement states that it is solely for
ingress and egress by pedestrian and motor vehicle traffic and underground utilities and
does not constitute an easement for any other purpose or use.
Also in question was a Triparty Agreement between the City of Rochester, the
Rochester Mall Co. as Grantor, and the above referred Grantees, dedicating the above referred
to easement as a public thoroughfare when Grantor has adopted a plan for the development of
the premises subject to the easement and which plan has, been approved by the City of
Rochester. Said area is south of the Subdivision being considered at this hearing. This
Agreement provides for an access road 50 feet wide with Grantees agreeing to finance the costs
and expenses relating to its paving and improvement. Said agreements had not been signed at
the time of the meeting. Present representing The Rochester Mall Co. were Mr. Coleman, Mr.
Bickel, and,Leonard Sankstone. President DeVries declared the hearing officially closed.
A motion was then made by Larson, second by Postier, and all voting in favor to instruct the
City Attorney to prepare the necessary resolution approving the final plat of Apache Mall
Shopping Center Subdivision.
The appointment by Mayor Day of Mrs. B. D. (Beverly) Brandt of 2353 12th Avenue N.W.
as a:member of the Community Relations Commission, term of office to expire May 1, 1970,
filling the unexpired term of Mr. Eddie Kimbrough who moved out of the City was read. Upon
motion by Postier, second by Ludowese, and all voting in favor, the appointment was approved.
452 Record -of Official Proceedings. of the Common, Council
of the City of Rochester, Minn., December 22, •1969
A letter from the Fire Civil Service Commission)_ submitting list of nine men who stand
highest on entrance eligibility roster and requesting that three additional firemen be appointed
to the Rochester Fire Department was read. Upon motion by Folkert, second by Postier, and all
voting in favor, recommendation approved and David Stutz, William Miller, and James'O'Brien
be appointed as Firemen effective January 5, 1970. (First three on the list)
The application of Stephen K. Bruin and Morris Heydon for an "off -sale" liquor
license was read and ordered placed on file.
The application of Claud R. Coats for an "off -sale" liquor license was read and
ordered placed on file.
The claim of injury of Marie Cahill; 730 1st Street Southwest, Rochester, was read,
and upon motion by Cherland, second by Folkert, and all voting in favor, it was referred to the
City Attorney.
A letter from John A. Yaeger, President of the Board of Education of Rochester Public
Schools, requesting Council to consider installation of overpass pedestrian crosswalk for
students in Sunset Terrace area who will attend John Adams Junior High School was read. Upon
motion by Cherland, second by Ludowese, and all voting in favor, the letter was referred to
the Public Safety Committee.
A letter from the Administrative Assistant re, a request for a building variance was
read. Mr. Andy Byholt who now has property at 509 4th Avenue Northwest for sale has requested
the variance and assurance that his prospective buyer would have no difficulty with the zoning
requirements if he continued in the same business of lawn mower sharpening and general repair ser-
vice at the same location. He claimed to have been issued a permit to build this building and
that the inspection department knew what he intended to do with it when the, application
was made. The wood frame garage does not meet the building requirements for a Fire Zone #1
and the property is zoned M-1. Tt Mr—ByH`ol-t would-have-r-emaine here-h-imse-lf—he-would-have
"-a-llred-under-the-"griind'father clause"- and -been-abde-to-conduct-the bu8'ine`ss,—but with ch na ge
of owner -ship -they -could -not -=grant a. new owner the_.,s.ame-protection--under the -Building --Code.
Although in sympathy with his problem, the Inspection Department would be forced to treat it
like a new structure. Upon motion by Larson, second by Strain, and all voting in favor with the
exception of Ludowese who voted "nay", the application for a variance was denied.
A letter from the State of Minnesota Pollution Control Agency re. Permit No. 333 and
revision of December, 1969, for 6502-70 Part I Allendale Subdivision was read and ordered
placed on file.
Resolution adopted by Public Utility Board requesting permission to enter into
purchase order contract with Westinghouse Electric Supply Company for 1-300 KVA pad mounted
transformer ($2,120.00) was read and upon motion by Larson, second by Strain, and all voting
in favor, resolution approved.
1
E
1
1
•
1
Pi
Record of Official Proceedings of the Common Council 4, )
of the City of Rochester, Minn.,_ December.22, 1969
1
•
1
1
•
L
Resolution adopted by Public Utility Board appropriating $169,716.67 to Rochester
State Bank for U. S. Treasury bills to be purchased for Electric Department Depreciation
Reserve was read, and upon motion by Larson, second by Strain, and all voting in favor,
resolution approved.
An application for a variance by the Calvary Baptist Church at 2204 22nd Street
Northwest, for installation of a neon sign with letters "JESUS SAVES" on the roof of the church
was read. Upon motion by Strain, second by Folkert, and all present voting in favor, the
application was referred to the Planning and Zoning Commission.
An appeal by Donald Dickman of Suburban Motors re. alleged violation of the Zoning
Ordinance relative to the parking of wrecked vehicles, use of R-1 district lot for parking of
unserviceable vehicles and employee parking and the parking of trailers for sale in the R-1
district was read. Upon motion by Folkert, second by Postier, and all voting in favor, the
appeal was referred to the Planning and Zoning Commission and the City Attorney.
. An application for transfer of location of liquor license from Heidelberg Bar to
the former Harry's Bar location on the corner of Broadway and Center Street (2-4 North
Broadway) was read. Upon motion by Postier, second by Folkert, and all voting in favor, the
application was granted.
A petition with twelve signatures supporting Truman Jorgenson's application for an
"off -sale" liquor license in the Silver Lake Shopping Center was read and ordered placed on
file. .
A letter from K. E. Smith, President of Gloria Dei Lutheran Church, was read.
Said letter enclosed a gift of $1,000.00 on behalf of the staff, council and membership of
Gloria Dei Lutheran Church in gratitude and appreciation of services provided citizens of
this community. Upon motion by Larson, second by Postier, and all voting in favor, the letter
was referred to the City Attorney to prepare a resolution thanking them for the contribution
and.expressing appreciation of,the Council for their fine expression of thanks and the money
to be used for services rendered.
The recommendation of the Public Safety Committee that a �di:ng zone on
the west side of First Avenue Southeast from First Street to Second Street be rescinded and
establishing a passenger loading zone at this location was read. Upon motion by Ludowese, .=
second by Postier, and all voting in favor, the recommendation was accepted and the City
Attorney instructed to prepare the necessary resolution.
The recommendation of the Public Safety Committee re. request of C. I. Glatzmaier,
dba Glatzmaier, Smith &.Company, for short -time parking meters adjacent to their premises at
105 Third Street Southwest. Upon motion by Larson, second by Folkert, and all voting in favor,
the recommendation was accepted and the City Attorney instructed to prepare the necessary
resolution.
9
54 Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., December 22. 1969 •
The recommendation of the Public Safety Committee that the application for a
non -intoxicating "on -sale" malt liquor license for Thomas Kruse for concessions at the Mayo
Civic Auditorium for New Year's Eve dance, the Policeman's Ball, and Fireman's Ball during
1970 be approved was read. Upon motion by Ludowese, second by Postier, and all voting in
favor, the recommendation was accepted, with a fee of $15.00 bo be charged for each of the
times listed.
The recommendation of the Public Safety Committee that the request for transfer of
Heidelberg Bar of their intoxicating liquor license now issued to the premises known as 313
First Avenue Southwest to the location known as 2 and 4 North Broadway be approved was read.
Upon motion by Plstier, second by Folkert, and all voting in favor, the recommendation was
accepted.
The recommendation of the Public Works Committee that the fire limits be amended as
follows: To change from Fire Zone #1 to Fire Zone #2 that portion of land that is bordered
on the north by 7th Street S.W., on the east by 4th Ave. S.W., on the west by 5th Ave. S.W.,
and the south by Soldiers Field Park, and to change from Fire Zone #2 to Fire Zone #1 the six
lots bordered by 1st Ave. S E. on the east, South Broadway on the west, on the north by 10k
Street extended to South Broadway and on the south by the lot lines in question, was read.
Upon motion by Ludowese, second by Larson, and all voting in favor, the recommendation was
accepted and the City Attorney instructed to prepare the necessary ordinance.
The recommendation of the Public Works Committee that the Heating, Ventilating, and
Air Conditioning Code relative to journeymen & servicemen licensing -be amended and proposing
an amendment abolishing the requirement for licensing was read. Upon motion by Ludowese,
second by Larson, and all voting in favor, the recommendation was accepted and the City Attorney
instructed to prepare the necessary ordinance.
The recommendation of the Planning & Zoning Commission re. application for approval
of the General Development Plan of Haven Hill Subdivision (W.T. Arnold Property) was read.
Upon motion by Postier, second by Larson, and all voting in favor, the recommendation was
accepted subject to the following conditions:
1. It is proposed that the subdivision of this area will be called "Haven Hill
Subdivision". There are, however, other subdivisions already in Olmsted
County with the word haven in their title ("Rose Haven", "Don Haven
Subdivision") as well as the street Haven Court. We feel that if some
other name for this subdivision was selected then a lot of potential
future confusion by the public would be eliminated.
2. -The side lot lines on Lots 25, 26, and 27 should be drawn perpendicular to
Valkyrie Drive N.W.
3. The streets, as proposed, are only sixty feet in width and the cul-de-sacs
have only 45 foot radii. The streets should be widened to 66 feet and the
cul-de-sacs should have 60 feet radii.
4. All lots fronting on cul-de-sacs should have at least 40 feet of street
frontage and 60 feet of width at the building line.
5. A temporary cul-de-sac should be provided at the south end of Valkyrie
Drive N.W.
The recommendation of the Planning & Zoning Commission that the petition to change
1
•
1
1
•
1
r�
U
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., December 22, 1969
4f 5-
1
•
I
1
0'
the zoning districting on the south kZ of Lot 1 and the north k of Lot 2, Block 5, Golden Hill
Addition from the M-1 District to the R-4 District be denied, was read. They find that no
change should be made in the zoning and that to change the zoning on this property to permit
further residential use in an area proposed for future industrial use would be inconsistent
with the goals and objectives of the Land Use Plan. Upon motion by Strain, second by Ludowese,
and all voting in favor, a hearing on the above -mentioned property was set for 7:30 o'clock
P.M. on January 19, 1970.
The recommendation of the Planning and Zoning Commission stating that they had
reviewed the application for a variance in the Sign Provision of the Zoning Ordinance as they
apply to the Calvary Baptist Church property Northwest, that the property in question is
located in an R-1 District and outdoor display signs size, location and height proposedeire
not permitted in this district and that the application be denied was read. Mr. Bergstrom
and Mr. Baldock of the Calvary Baptist Church were present and indicated that they had sub -
witted signatures of approval with their application of persons in the area that did not
object to the sign and that many persons were glad to have the added light in the area. Upon
motion by Folkert, second by Postier, and all v6ting•in favor with the exception of Ludowese
who voted "nay", the recommendation was accepted and the petition denied.
Letter from the Administrative Assistant re. purchase of fire fighting apparatus
for the Municipal Airport at an estimated cost of $13,000, was read. The Airport Commission
recommended that the Council authorize the purchase of this apparatus, that monies in the
amount of $13,000 be appropriated from the 1969 contingency account and be encumbered over to
the fiscal year 1970, and that bids be advertised to be opened at 11:45 A.M., January 16,
1970. A letter from Airlines Pilots Assn. strongly urged compliance with FAA recommended
standards of fire and crash protection. Upon motion by Larson, second by Strain, and all
voting in favor, the recommendation was accepted and the City Attorney instructed to prepare
the necessary resolution authorizing and directing City Clerk to advertise for sealed bids for
furnishing light weight airport fire -fighting unit for Municipal Airport.
A motion was made by Alderman Larson, second by Alderman Postier, and all voting in
favor, that City offices.be closed at 3:00 o'clock P.M. on December 24th and 31st, 1969, with
department heads using discretion as to whether or not they can close at that hour.
The recommendation of the Finance Committee establishing rates to be charged at City
Land Fill was read. Upon motion by Folkert, second by Strain, and all voting in favor, the
recommendation was referred to the Public Safety Committee to be used in conjunction with
their recommendation.
The recommendation of the Finance Committee re. transferring within department
budgets and from contingency appropriations for certain expenditures to be made yet in 1969
was read. Other than transfers in the department there were three expenditures: 1 - $15,000
0
Record -of Official Proceedings of the Common Council
of the City of Rochester, Minn., December 22;, 1969 •
balance of $30,000 payment to Graham Arena, a commitment not budgeted for; 2 - $500 for over-
time for salaries in City Hall; and 3 - $80 over the budget for the Beautification Committee
incurred by phone calls, conferences, etc. Upon motion by Ludowese, second by Folkert, and
all voting in favor, the recommendation was accepted, the transfers ordered, and the City
Attorney instructed to prepare the necessary resolution.
The application of Continental Oil Co. - East Side Conoco Station, at 1500 12th St.
S E., for a cigarette license was read. Upon motion by Larson, second by Folkert, and all
voting in favor, license was granted.
The applications for 18 taxicab licenses for Rocabco, Inc. (Blue & White), and 31
taxicab licenses for Yellow Cab Corporation, together with their statement for 1969, were read.
Upon motion by Larson, second by Ludowese, and all voting in favor, the licenses were granted
and the statements.placed on file.
The application of Gold Cross Ambulance Service, Inc., with approval by Olmsted Co.
Health Department for an ambulance license for 1969 Oldsmobile Cotner-Bevington Ambulance,
serial,number 398609M427379, was read. Upon motion by Postier, second by Larson; and all
voting in favor, the license was granted.
The Contract Bond of Selby Truck Sales submitted with completed contract for fur-
nishing of three International Trucks for $18,209.95 less a trade-in of a 1963 GMC Truck #50
f6rthe City of Rochester,.allowance $3,053.10, with Fidelity and Deposit Company of Baltimore,
Maryland, as surety, was read. Upon motion by Larson, second by Ludowese, and all voting in
favor, the bond was accepted and referred to the Mayor for approval.
The semi-monthly bills in the amount of $229,441.82, list attached, were approved
upon motion by Larson, second by Folkert, and all voting in favor.
Resolution authorizing Public Utility Board to enter into contract with Westinghouse
Electric Supply Company for 1-300 KVA Pad Mounted Transformer ($2,120.00) was read. Upon
motion by Ludowese, second by Cherland, and all voting in favor, resolution adopted.
Resolution .approving a resolution passed and adopted by the Public Utility Board re.
appropriating $169,716.67 to the Rochester State Bank for purchase of U. S. Treasury Bills
I' (face value $170,000.00) for Electric Department Depreciation Reserve. Upon motion by Postier,
second by Larson, and all voting in favor, resolution adopted.
Resolution referring improvement petition for determination of adequacy, feasibility
report and recommendation for street grading and surfacing, sanitary sewer, storm sewer, water
main and service connections stubbed into boulevard in Apache Drive and Apache Court for Block
2 Apache Mall Shopping Center was read. Upon motion by Larson, second by.Ludowese, and all
voting in favor, the resolution adopted and referred to the Public Works Committee.
Resolution authorizing the City Engineer to request and obtain from the Minnesota
Department of Highways needed engineering and technical services during the year 1970-was read,
and upon motion by Ludowese, second by Folkert, and all voting in favor, resolution adopted.
I]
i-
0
1
0
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., December 22, 1969
457
1
1
1
C�
1
Resolution re. transfer of appropriations in 1969 budget was read. Upon motion by
Strain, second by Folkert, and all voting in favor, resolution adopted.
Resolution accepting plat to be known and designated as Apache Mall Shopping Center
Subdivision was read. Upon motion by Postier, second by Strain, and all voting in favor,
resolution adopted, subject to receipt of agreement with owners south of said property.
Resolution authorizing and directing City Clerk to advertise for sealed proposals
for Fire Fighting Apparatus at the Rochester Airport, was read. Upon motion by Strain, second
by Ludowese, and all voting in favor, resolution adopted.
Resolution authorizing Mayor and City Clerk to sign Tri-Party Agreement concerning
Apache Mall, was read. Upon motion by Ludowese, second by Postier, and all voting in favor,
resolution adopted.
Resolution re. application for flood insurance protection under the National Flood
Insurance Program (Housing and Redevelopment Act of 1968, Title XIII, 42 U.S.C. 4001-4127),
under the National Flood Insurance Act of 1968, was read. Upon motion by Larson, second by
Ludowese, and all voting in favor, resolution adopted, and the City Clerk directed to submit
a certified copy of this resolution, together with a copy of the Flood Plain Information report
to the Federal Insurance Administrator, Washington, D.C.
Resolution ordering a hearing on petition to vacate easement in Valhalla Fourth
Subdivision was read. Upon motion by Folkert, second by Ludowese, and all voting in favor,
resolution adopted.
Resolution re. correction in legal description of vacated streets, which description
had been placed on record (Rolling Greens Second Addition) was read. Upon motion by Larson,
second by Ludowese, and all voting in favor, resolution adopted.
Resolution authorizing Mayor and City Clerk to execute Quit Claim Deed conveying
N'k of vacated 17th St. S.W., etc., Golden Hill Addition, to Continental Oil Company, was read.
Upon motion by Folkert, second by Larson, and all voting in favor, resolution adopted.
Resolution ordering and directing City Clerk to give notice of a hearing on vacating
a part of the east -west alley abutting Lots 7 through 10 and 25 through 28, Block 22, Northern
Addition, was read. Upon motion by Larson, second by Ludowese, and all voting in favor,
resolution adopted.
An ordinance relating to fire zones and amending Section 1601 (a), Subsection 1, of
the Rochester Building Code as enacted by Ordinance No. 1455, was given its first 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 second reading. Upon motion by
Larson, 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 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.
0
Record of Official Proceedings of the Common - Council
of the City of Rochester, Minn., December 22, 1969 •
An ordinance rezoning that part of -Block 4, 10, 16, and 22 of Golden Hill Addition
lying East of Highway 63, and Lots 8, 9, and 10, Block 1, Garden Acres Subdivision, and Lots
8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19, Block 2, Garden Acres Subdivision from an
M-1 Light Manufacturing District to a B-3 District, and all of Lot 1, and that part of Lot
7, Block 3, Golden Hill Addition, lying west of U. S. 63 South from a B-lb Neighborhood
Business District.to a B-3 District was given its first reading.
An ordinance rezoning a tract of land in the Northeast Quarter of Section 2,
Township 106 North, Range 14 West (part of Graham Estate) from an R-2 One to Four Family
Residence District to a B-3-General Business District was given its first reading.
An ordinance relating to the moving of buildings on public streets, amending
Rochester Code of Ordinances, Section 186.010 and 186.050 concerning licenses and permit
requirements was given its first reading. Upon motion by Strain, second by Folkert, and
all voting in favor, it was also referred to the Public Safety Committee.
adjourned.
Upon motion by Larson, second by Postier, and all voting in favor, the meeting was
Doris A. Schubert
Deputy City Clerk
t
P
1
1
•
1
is