HomeMy WebLinkAbout01-19-1970Record of Official Proceedings of the Common Council 479
of the City of Rochester, Minn., January 19, 1970
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Minutes.of an adjourned meeting of the Common Council of the City of
. Rochester, Minnesota held in the Council Chambers in the City Hall, in said City, on
January 19, 1970.
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 Strain,. second by Ludowese, and all voting in favor, ,the
minutes of the meetings of January 5th and January.12th, 1970 were approved.
on the following:
President DeVries stated this as being the time and place set for hearings
Hearing on proposed change of.zoning on the south one-half of Loot 1 and
the north one-half..}of Lot 2, Block 5, Golden Hill Addition from the M-1 District to the.R-4
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 denied was.again read. A motion was made by Ludowese, second by Cherland,
that the recommendation of the.Planning & Zoning Commission be -disapproved and the City
Attorney be instructed.to prepare an ordinance making the requested zone.change. A motion
was made by Strai4,.second by Folkert, that this be tabled.until the meeting on February 2,
1970;, all voted in favor.
Hearing on "An Ordinance establishing within the City of Rochester an
Urban Service District and a Rural Service District as separate taxing Districts (part of
SE* of Section 25, Township 107 North, Range 14 West containing 9.acres more or less - Gambil:
property). There.was no.one present wishing to be heard. President DeVries declared the
hearing officially closed.. Upon motion by Cherland,-second by Folkert, and all voting in
favor, the City Attorney was instructed to prepare the necessary ordinance.
Hearing on .construction of curb and gutter on both sides of 4th Place N.W.
from 36th Avenue to.the west line of 4th Place.N.W. as platted in Country Club Manor. Mr.
Robert Sullivan of 4044 - 4th Place N. W. said he would like a turn around on the west end of
4th Place because if they put in curb and gutter it was a dead end street and the .people
would all be turning into his driveway to turn around. There was no one else present wishingil
to be heard; President DeVries declared the hearing officially closed. Alderman Ludowese
said this petition had been signed by less than 40%, they had sidewalk installed here last
year and were not in favor.of curb and gutter at this time.. A motion was made by Ludowese,
second.by Folkert, that this petition be denied and the project abandoned and the possibility
of a turn around be referred to the Public Works Committee; all voted in favor.
Hearing on construction of concrete curb and gutter on both sides of 3rd
Place N. W. from 36th Avenue N. W. to and including 36xx and 37xx numbered lots. Mr. Morris
Atkinson of 3803 - 3rd Place N. W. was present and requested that his property be included
in this proposed improvement, he said the improvement was cut off at his next door neighbors
F',48 0 Record of Official Proceedings of the' Common Council
of the City of Rochester, Minn., I.January 19, 1970
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driveway and his driveway and the neighbors driveway abut or are combines and used as one; he
requested that it be put in front of his property. Mr. Theodore Dahlen of 3620-3rd Place N.W.
and Mr. Arthur Hanft of 3732 3rd Place N. W. were each present and urged that the project be
completed. There'was no one else present wishing to be heard. President DeVries declared the
hearing officially closed. Upon motion by Larson, second by Ludowese, and all voting -in favor,
this matter was referred to the Public Works Committee to study the feasibility of including
this property or the balance of -the two blocks on this avenue.
Continued hearing on application to _amend the City's Adopted.Land Use Plan to
designate the SEk of the NWk of Section 7, Township 107 North, Range.13 West, as being best
suited for Medium Density Residential. Mr. Robert Bedney said they had presented this
application and.would be bringing in a development plan for the Doughboy Properties at a later
date, he urged.that this be granted.. There was no one else present wishing to -be heard.
President DeVries declared the.hearing officially closed.. The recommendation of the Planning
and Zoning Commission that this applications be approved was again read. Upon -motion by
Strain, second by Ludowese, and all voting in favor, the recommendation was accepted and the
City Attorney was instructed to prepare the necessary resolution.
The claim of Edwin D. Bayrd and Muriel B. Bayrd for injuries -sustained from a fall
on the sidewalk at.or about 112 First Avenue S. W. was ,read and upon motion by Cherland,
second by Folkert, and all voting in favor, the claim was referred to the City Attorney.
A letter signed by.A. I. Freedman, President of the Herbert Hoover School PTA,
regarding safety problems relative to the speed.limit and the need for traffic lights at the
school crossing on Elton Hills Drive was read and upon motion by Folkert, second -by Strain,
and all voting in favor,.the.letter was referred to the Public Safety Committee. .
The application of Leo G. Majerus for an "off sale" liquor license -was read and
the same was order.ed placed on file.
The application of Lyle Woolley and Lowell Penz for plat.approval of 5.9 acres
North of.20th Street and West of 21st Street N. W. was read and upon motion by Strain, second
by Folkert, and all voting in favor, the application was referred to the Planning .and Zoning
Commission.
A letter requesting permission to hang an advertising banner across the intersection
of 2nd Street and Broadway, February.12th thru 21st, for Mayo High School's upcoming
production "St Joan", was read and upon motion by Cherland, second by Postier,.and all -voting
in favor, the request.was.approved,.
The report of Commissioners on condemnation of parts of Lots 13 and 14, Allendale
Subdivision, 0-lmsted County, Minnesota for public street purposes was read. Upon motion by
Postier, second by Larson,- and all voting in favor, the report was accepted and a hearing was
set for 7:30 P. M. on February 16, 1970.
A letter from John Hunt, Jr., Grand Knight of the Knights of Columbus, submitting
a resolution adopted by their body urging the Council to pursue every legal means to close
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a certain book store presently in operation in the City of Rochester was read. Upon motion
by Larson, second by Postier, and all voting in favor, the letter was referred to the Mayor,
The five following resolutions adopted by the Public Utility Board were each read:
(1) Resolution requesting approval that $178,632.00 be appropriated to the Rochester State
Bank for the purchase of Treasury Bills maturing February 19, 1970; upon motion by Folkert,
second by Cherland, and all voting in favor, resolution approved (2) Resolution authorizing',
Mayor and City Clerk to execute the release and indemnity agreement dated 12-8-69 between
The City, Dick Jones Company and Allied Mutual Insurance Company relative to the contract
for Make=Up Well Pump House, was read and upon motion by Postier, second by Cherland, and
all voting in favor, resolutionapproved (3) Resolution authorizing Mayor and City Clerk to
execute the release and indemnity agreement dated 11-25-69 between the City, Crescent
Electric Company and United States Fidelity and Guaranty Company relative to the contract
for furnishing a double transformer substation, was read and upon motion by Cherland,
second by Folkert, and all voting in favor, resolution approved (4) resolution authorizing
purchase order contract with MacGillis & Gibbs Company for red cedar poles was read and
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upon motion by Folkert, second by Cherland, and all voting in favor, resolution approved
(5) resolution authorizing purchase order contract with Niedermeyer-Martin Company for red
cedar poles was read and upon motion by Folkert, second by Cherland,. and all voting in
favor, resolution approved.
The report of C. A. Armstrong, City Engineer, on the adequacy of petition and
feasibility of a petition reuqesting "street construction, sanitary sewer, and water main
in llth Court N.W. in Hillview Resubdivision of Outlot 1, Block 25 and Outlot 2, Block 26
(Job 6110-70) and recommendation that this petition be deferred until the adjacent property
is platted was read. Upon motion by Folkert, second by Cherland, and all voting in favor,
the.recommendationwas approved and the project was deferred until adjacent,property is
platted.
A memo from the Finance Director on the 1970 Mill Levy and Assessed Valuation,
showing the rate of 85.90 as the City levy for 1970, was read and ordered placed on file.
A letter from the Rochester Airport Commission requesting direction from the
Common Council regarding the proposec construction of a sewage treatment lagoon at the
Rochester Municipal Airport, if the project is to be completed in 1970 surveys and
construction studies will have to be completed in the very near. future, was read and upon
motion by Larson, second by Strain, and all voting in favor, the letter was referred to the
Public Works Committee.
A letter from the Rochester Airport Commission recommending that the Council make
payment to Arcon Construction Company,Company in the amount of $58,742.17, this amount
represents 50% of funds now being withheld from Arcon until the final financial transacti
have been audited, was read. Upon motion by Larson, second by Postier, and all voting in
favor, the same was.approved.
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The recommendation of the Planning & Zoning Commission that the petition t.6 change
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the zoning districting on the Grindlay Property N:-W. from the R-1 District to the R-3 District
be granted -approval was read. Mr. Larry Couture with Metro Development requested that the Council
pass a resolution or give him some assurance that this would be approved because the completion
of the purchase hinges on this, he also showed drawings of the proposed buildings to be
constructed. C. A. Armstrong; City Engineer; said he had nothing presented as far as profiles,
crossroads, etc. and could not give a -recommendation until -these were presented and reviewed.
Upon motion by Strain, second by Postier, and all voting in favor, this matter -was referred to
the Public Works Committee.
The recommendation of the Rochester Airport Commission that the low bid for a Fire
Truck in the amount of $14,038-as submitted by Fire and Safety, Inc., be accepted, -was read.
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 -contract.
The recommendation of the Rochester Airport Commission that the Mayor and City
Clerk be authorized to execute the lease between the City and the -Federal -Aviation Administration
providing for a tract of land at the airport for construction of a vehicle -garage, was read. Upon
motion by Folkert, second by Cherland, and all voting in favor, the recommendation was approved.
The recommendation of the -Finance Committee that a resolution be adopted'authorizing.
the Administrative Assistant to sign an application to the Department of HUD for a grant to
finance (1) Xsewer and water in Allendale Subdivision (2) water `tower and trunk mains in N.W.
service area-(3) storm sewer in West Zumbro Addition and in 2nd St'. S.W. from 18th to 23rd Ave.
S.W. (4)water tower, well, pump house and main in Country Club Manor and (5) `storm sewer in
Golden Hill Subdivision, was read. Upon motion by Folkert, second by Postier, and all voting
in -favor, the recommendation was approved.
Upon motion by.Strain, second by Folkert, and all voting ire favor, a recess was
called at 9:40 P. M. The meeting was called -to order again at 9:50 P. M. with all members
being present.
The recommendation of the Public Works Committee that a project be initiated for
extension of.sanitary sewer and water main to serve the -International Motel and the Hoffman
residence lying north of 19th Street N.W. and west of T. H. 52 West Frontage Road, was read.
Upon motion by Ludowese, second by Larson,and all voting in favor, recommendation approved.
The recommendation of the Public SafetyCommittee that the -request regarding
traffic problems on 15th St. N.W. caused by the opening of the new post office be referred to
Industrial Opportunities, Inc. for consideration, was read. Upon motion by Folkert, second
by Postier, and all voting in favor, the recommendation was approved'.
The recommendation of the Public Safety Committee that the problem of diagonal
parking at various locations be referred to the Mayor's Parking and Traffic Committee for
consideration, was read. -Upon motion by Folkert, second by Postier, and all voting in favor,
the recommendation was approved.
The feasibility report of the City Engineer stating that extension of sanitary
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sewer and water main to serve the International Motel and the Hoffman residence lying north
of 19th.St. N.W..and west of T. H. 52 West Frontage Road is feasible and recommends its
construction, estimated costs $10,327.00, was read together with the recommendation of the
Public Works Committee.that a date be set fora hearing. Upon.motion by Larson, second by
Folkertj and all voting in favor, the recommendation was approved.
The application of Leonard Malon for a Master.Plumber's License and the.applica
(Pierre Aircon Company)
of Gordon H. Jones/for a Master Installer and Contractor's License for Warm Air Heating
Systems, VEntilating Systems,.etc. were read and upon motion by Larson, second by Strain,
and all voting in favor, the -licenses were granted.
The application of Broadway Restaurants, Inc. for a license to sell cigarettes
was read and upon motion by Folkert, second by Postier, and all voting in favor, the license
was granted.
The contract bonds of Rufferidge Johnson Equipment.Co. in the amount of $3,498.00
with Seaborad Surety Company -as surety; Road Machinery and Supplies in the amount of
$5,315.00 with Agricultural Insurance.Company as surety; and The American Oil Company in
the amount of $27,971.40 with Seaboard Surety Company as surety were -each read and upon
motion by Postier, second by Larson, and all voting in favor, the same.were referred to the
Mayor.
The license bonds (2) of Pierre Aircon Company in the amounts of $5,000.00 with
Casualty Insurance Company of Hamilton Ohio as surety were read and upon motion by.Postier,
second by Larson, the bonds were approved, the surety thereon accepted and the same were
ordered placed on file.
A motion was made by Postier, second by Strain, and passed unanimously, that the
semi-monthly bills in the amount of $125,973.49, list attached, were approved.
A motion was made by Larson, second by Folkert, that the following resolutions be
adopted in block; all voted in favor. A motion was then made by Cherland, second by
Folkert, that the said resolution be adopted as read and all voted in.favor; President
DeVries declared the said resolutions duly passed and adopted:
Resolution.providing for the public.salf of.$335,000 Parking Revenue Bonds.
Resolution authorizing Public Utility Board to enter into a purchase contract
with The MacGillis & Gibbs Company for red cedar.poles..
Resolution authorizing Public.Utility Board to enter into a purchase contract
with Niedermeyer Martin Company for red cedar poles.
Resolution authorizing and directing execution of release and indemnity agreement
between City,.Crescent Electric Co..and.U..S. Fidelity & Guaranty.
Resolution authorizing and directing execution of release and indemnity agreement
between City,.Dick Jones.Company and:Allied Mutual Insurance Company.
Resolution approving appropriation of $178,632 to.Rochester State Bank for the
purchase of U. S. Treasury Bills.
4.84 Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., January 19, 1970. •
Resolution referring proposed improvement for feasibility report for Extension of
sanitary sewer and water main to serve International Motel and Hoffman residence.lying north
of 19th Street N.W. and west of T. H. 52 West Frontage Road.
Resolution ordering a public hearing on extension of sanitary.sewer and water main
to serve International Mot el.and the Hoffman residence lying north.of 19th Street N. W. and
west of T. H. 52 West Frontage Road.
Resolution declaring cost to be assessed and ordering preparation of assessment
for curb and gutter on east side of 19th Avenue N. W. from 38th Street N. W. to north line of
Lot #1 of Resubdivision # 2 of west part of Block 1 of Silver. Acres Subdivision.. •
.Resolution ordering a hearing:on proposed assessment for.curb and gutter on the
east.side of 19th Avenue N.W. from 38th.Street N.W. to north line of Lot #1 of Resubdivision
# 2 of west part of Block 1 of Silver Acres Subdivision.
An Ordinance rezoning certain property and amending the Zoning Ordinance of the
City of Rochester, Minnesota (changing north 431.53 feet of Outlot 51 Northern Addition -lying
east of 3rd Ave. N.W. to B-lb Neighborhood Business District) was given its first reading.
An Ordinance:rezoning.certain property and amending the Zoning.Ordinance of the
City of Rochester, Minnesota (changing Lots 7, 8, 9, 10, 11, 25, 26, 27 and.28, Block 22 of
Northern Addition to R-3 Multi -family residence district - Samaritan Nursing Home) was given
its first -reading. Upon motion by Larson, second by Folkert,and upon roll' -'.call and all voting
in favor, the rules were suspended and.the ordinance was given its. second reading.
An Ordinance amending Ordinance No...1466 entitled "An Ordinance establishing within
the City of Rochester an Urban Service District as separate taxing Districts" (Gambill property
in SE'k Sec.25-107-14) was given its first reading.
An Ordinance relating to parking on residential streets during snow emergencies;
amending Rochester Code of Ordinances, Section 150.040, was given its first.reading. Upon motion
by Postier, second by Folkert, and upon roll call and all voting in favor, the rules were
suspended.and the ordinance was given its second reading. Upon motion by Larson, second by
Postier, 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.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.
Resolution amending the parking resolution (no parking zones - Section B and Truck
Loading Zones - Section D). Upon motion by Larson, second by Postier,.and all voting in favor,
resolution adopted.
Resolution amending the parking resolution (no parking.zones - Section B). Upon
motion by Postier, second by Cherland, and all voting in favor,.resolution adopted.
Resolution.approving preliminary plan for the K-Mart Plaza Community Shopping
Center subject to various modifications. Upon motion by Cherland, second by Postier,. and
except President DeVries who voted "nay"
all voting in favor,/resolution adopted.
Record of Official Proceedings of the dorm " non Council
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Resolution amending the Thoroughfare Plan (that portion of the southeast segment
of Circle Drive from C.S.A.H. No. 9 to 20th-Street S.E. at llth Avenue S.E._is deleted from
the "Thoroughfare Plan'% Upon motion by Ludowese, second by Cherland, and -all voting in
favor, resolution adopted.
Resolution vacating utility easement which lies along rear lot lines of Lots 1
through 3, Block 31,-Elton Hills Third Subdivision. Upon motion by Larson, second by
Folkert, and all voting in favor, resolution adopted.
Resolution approving revision to -Valhalla Community-Develooment Project (to,
reduce size of -some apartments and increase size of off-street parking space). Upon motion
by Folkert, second by Cherland, and all voting in favor, resolution adopted.
Resolution adding to paragraph•(1) Snow Emergency Routes" the -.Northwest Quadrant
3rd Ave.N.W. from ,14th St. N.W. to Elton Hills Drive; 2nd St. N.W. from 4th Ave. N. W. to
16th Ave. N.W.; Elton Hills Drive from U.S. Highway 52 east -to Broadway and to the Southwest
uadrant 1st Street S.W. from;6th Avenue S.W. to 16th•Avenue S.W. and by deleting from the
Northwest Quadrant - Zumbro Drive from Elton Hills Drive to 3rd Avenue N.W. if extended.
Upon motion by Folkert, second by Larson, and all voting in favor,.resolution adopted.
Mayor Day said he would like to -establish a committee (possibly Imade up of one
representative from each ward, one at large and.perhaps he would appoint one or two)to assist)
in the promotion of:youth activies here and requested that each Council.member submit one .
name by the next Council meeting; he said he hoped such a committee would help in formulating)
a long-range plan for youth activities, possible establishment of ayouth center, a site for
mixer, etc.
Mayor Day said he received many complaints on the responsibility of shoveling
plugged -up driveways; he said people would shovel their walks and driveways and then the .
snow plow would come.through and plug them up, such a situation was particularly acute for.
the elderly, sick,!and widows; he requested that the Public Works Committee.invesiigate
this and try to find.if there was some way to.alleviated it and report back.to the Council
-.Upon..motion.by Larson;, second by Postier, and all.voting in favor, the meeting .
was adjourned.-.
City Clerk
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