HomeMy WebLinkAbout08-17-1970634 Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., August 17, 1970 •
Minutes of an adjourned regular meeting of the Common Council of the City of
Rochester, Minnesota, held in the Council Chambersin the City Hall, in said City, on
August 17, 1970.
President Postier called the meeting to order at 7:30 o'clock P. M., with the
following members being present: President Postier, Aldermen Cherland, Larson, Ludowese,
McNary. Absent: Aldermen Strain and Willmarth..
Upon motion by Larson, second by Ludowese, and all present voting in favor, the
minutes of the meeting of August 3rd, 1970 were approved with .the following correction, that
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on page 3, line 20, it be amended to read as follows.."that the bid of Truck Service Company
being subject to change by reason of a 1971 factory price increase.could not be accepted because
it was not a firm bid".
President Postier stated this.as being the time and place set for hearings on the
,following projects:
Hearing on water tank and trunk mains for High Level District of Northwest Service
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iArea. Mr.. Milton Rosenblad of 1108 20th St. N.W. spoke in behalf of himself the -owner of Lot 3,
Block 2 and also for the owners of.Lots 1 and 2, Block 2, Hillview Resubdivision; he said their
homes.were at thetop of the hill and.were built from 3 to 5 years ago and had the -requirement
of the.Council at that time that before building permits could be granted.they had to install
water.pressure pumps in order to be served by the present water tower and they had been told by
Fred Sauer, the developer, because they had to go to the expense of installing these pumps they
would not be assessed when the adequate.water tower was constructed; he said he had talked to
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the City Engineer and had been told that/this new tower was built it would be assessed against the
;benefitted property but he felt this would only be an incidental benefit to them and they should
not be assessed, he said the developer had paid for the present water tower and they did not feel
they should pay again. Mr. Terry Curtis of 1114 20th Street N. W. said they also had installed
the water pump and objected to being assessed for this. Mr. Rosenblad spoke in behalf of Warren
Arnold who also opposed the assessment. Mr. Maurice Gintz of 1118 20th Street N..W. telephoned
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!his opposition to this assessment. There was no one else wishing to be heard.. President Postier
.declared the hearing officially closed. A motion was made by Larson, second by McNary to
;proceed with the project and a resolution ordering the improvement and preparation of plans for
;elevated water tank and trunk mains for High Level District in E'k of Section 27 and W'k of
Section 26 of the Northwest Service Area"Vas adopted; all present voted in favor.
Hearing on sanitary sewer trunk line and water main along East side of Trunk Highway
# 52 from Eastwood Park Drive S. E. to 24th Avenue S'. E. Mr. Robert Vesaas representing Grandview
Memorial Gardens was present' and said they were not opposed to this project but inquired how much
frontage they would be charged for; the City Engineer explained that this had not been determined
as yet but would be done at the tune of the assessment hearing. Mr. William Perry of Route V14
was present and said he was in favor of this project and agreed to the current assesment policy
of the City. There was no one else present wishing to be heard. President Postier declared the
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Record of Official Proceedings of the Common Council
635
of the City of Rochester, Minn., August 17, 1970
hearing officially closed. A motion was -then made by Cherland, second by Iudowese, to
proceed with the project and adopt a resolution ordering the improvement and preparation of
plans; all present voted in favor.
Hearing on levying of special assessments for sanitary sewer and water main
extension in 13th Avenue S: W. from 9th Street S. W. to•serve Lot•55 less the north 10 feet,
and all of Lots 56, 57, 58 and 59, Block 1, Collegeview Addition. There was no one present
wishing to be heard. President Postier declared the hearing officially closed. Upon motion
present
'by McNary, second by Larson, and all/voting in favor, a resolution levying the said special
• assessments was adopted.
Hearing on levying of special assessments for water main extension to the
Rochester Vocational School in 2nd Street Southeast. There was no one present wishing to be
heard. President Postier declared the hearing officially closed. Upon motion by McNary,
second by Cherland, and all present voting in favor, a resolution levying the said special
assessments was adopted.
Hearing on Planning Commission -initiated change of zoning districting on Oil City
Property from the R-1 District to the M-2 District. The Planning and Zoning Commission
recommended that the zoning of this area be changed to M-1 District instead of M-2 District,
this change will make the bulk oil uses and scrap metal yard non -conforming uses but they
would be able to continue the present use indefinitely and the also recommend that dikes be
consturcted around the petroleum storage tanks for fire protection purposes. A motion was
made by Larson, second by Cherland, instructing the City Attorney to prepare an ordinance
making the zone change. Mr. Fred Schuster, representing Mayo Foundation, opposed the
change of zoning to M-2 of the property across from the railroad tracks and requested that it
be changed to M-1 instead of M-2. Mr! William Perry, for Tom's Electric Company at 1701 -
3rd Avenue S. E. said they were not opposed to the rezoning of the property but it now
appears that the west'side of the'tracks has developed in M-1 and the east side has stayed
as high density and the tracks seems to be a narrow barrier, he said he did not object to
the Toning but wondered if it was necessary to give that a high a zoning to the property.
There was no one else present wishing to be heard. President Postier declared the hearing
officially closed. The Planning Director presented an analysis of the petition of protest
which showed the petition valid and therefore it would take a 6/7 vote to approve the
change of zoning. Mayor Day said this land had just been rbcently annexed to the City and
he thought it should be the same zone as'it was an 'the county, you can operate's non-
conforming operation but the decrease in valuation may be 50-75%, if the building were to
be destroyed or torn down and built up again in 5 years they could not do that in a non-
conforming area; he said the City annexed them and it was advertised that the hearing was
on the zone change to M-2 and he thought if they were to be zoned°less than that they
should be notified and given a chance to be heard; he said Oil City was about a fivemillion
dollar'investment and if we were to bring it in at loss'than the present use we would be
devaluating it. A motion was then made by Ludowese, second by Cherland, to table this for
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636 Record of Official Proceedings of the C'rmon Council
of the City of Rochester, Minn., August 17, 1970 •
130 days and the City Clerk was instructed to notify the owners that this was tabled until 7:30
P. M. on September 21, 1970 and let them know that consideration was being given to making the
zone change to M-1 which would make them non -conforming; all present voted in favor.
Upon motion by Cherland, second by Ludowese, and all present voting in favor, the
Mayor's appointment of Mr. Eldred A. Kuehn of 2421 18th Avenue N. W. as a member of the Utility
Board was approved.
Upon motion by Ludowese, second by Cherland, and all present voting in favor, the
request of Lee Graham for permission to move a small house and garage from 526 First Avenue N. E.
to a location outisde the City limits (Minneiska) was approved.
There are two areas of investigation being discussed on Sewage Treatment Plant Odors -
(1) the need for an analysis of the STP operation and processing - estimated cost $3000 and (2)
field survey which would include industry discharges and odor identification - estimated cost
of this phase is $2500 toc,$4500. A motion was made by Cherland, second by McNary, to retain the
firm of Toltz, Duvall, Anderson and Kingto analyze the odor problem and the $7500 to be appropriated
from the 1967 Sewage Treatment Plant Bond proceeds; all present voted in favor.
The recommendation of the Public Works Committee that the Council adopt a resolution
stating that the City does not intend to initiate annexation proceedings on that property that
would be 60% or more surrounded by the City as the result of annexing the Bible College property;
Rochester Township has objected to the annexation so the matter is now before the Minnesota
Municipal Commission but it is believed that the Township may withdraw its objection if the
Council would so state the above intention. A motion was made by Larson, second by Cherland, that
the City Attorney be instructed to write a letter to Rochester Township expressing the Council's
intentions that they do not intend to execute annexation of property 60-75% surrounded in the
immediate future; all present voted in favor.
Only one bid, that of Rockwell Manufacturing Company, was received for furnishing
automatic parking meters, the bid was in the amount of $68c00 per unit. Upon motion by Larson,
second by Cherland, and all present voting in favor, a resolution accepting the bid of Rockwell
Manufacturing Company was adopted (100 meters to be ordered now and 50 more when plans for the
Norton lot have been finalized).
The following bids were received for storm sewer in Northern Hills Drive N. E. in
Northern Hills First Subdivision: Fraser Company, Inc. in the amount of $35,091.65; Littrup
Nielson in the amount of $34,812.00 and Riverside Sand & Gravel in the amount of $34,466.40;
the City Engineer's estimate was $32,539.00. A motion was made by Ludowese, second by McNary,
to accept the low bid. C. A. Armstrong, City Engineer reported that there were still some details
to be worked out and recommended that the contract be not awarded until the next meeting. A
motion was then made by Larson, second by McNary, that this be tabled until the next meeting;
all present voted in favor.
Recommendation of Public Works Committee that James L. Denny be given exclusive
use of the City lot on 18th Avenue N. W. adjacent to the sidewalk on 16th Street N. W. in exchange
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Record of, Official Proceedings of the Common ' Council 6371
of the City of Rochester, Minn., August 17, 1970
for maintenance of the lot; under terms of the proposed agreement, Mr. Denny would not be II
permitted to construct any buildings on the lot and would also have to provide the necessary,
liability insurance and the agreement would be subject to termination upon a 30 day notice
by the City; he also be allowed to install a fence around this property at a location to
be approved by the City Engineer. Upon motion by Cherland, second by Ludowese, and all
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present voting in favor, the recommendation was accepted and the City Attorney was
j' instructed to prepare the necessary agreement.
ji Recommendation of Airport Commission that a resolution be adopted authorizing
I' the Mayor and City Clerk to execute a revised application for grant payment on FAAP Project
No. 9-21--79-C911, this would respresent the final approval by the FAA for reimbursement
to the City for its -share of the project costs; the revised application reduced the
federal participation on certain engineering and construction costs, these items were
disallowed after the contractor and consulting engineer were paid and after the revised
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application is approved by FAA, the consulting engineer will reimburse the City for the '
amount of engineering charges disallowed. Upon motion by Cherland, second by Ludowese, and
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all present voting in favor, the recommendation was approved and the City Attorney was
jinstructed to prepare the necessary resolution.
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Recommendation of Airport Commission that a resolution be adopted authoriz-
ing the Mayor and City Clerk to execute the documents transferring the REIL System to the
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' FAA, the Reil System is Runway End Identified Lights and the lease provides for transferring
two sites on which these lights are located to FAA and FAA will maintain the system at no
II cost to the City. Upon motion b Larson second b McNar and all resent voting in favor,
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the recommendation was approved and the City Attorney was instructed to prepare the
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necessary resolution.
II Recommendationsof the Building and Safety Department relative -to the sink
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holeinvestigation in N. W. Rochester:
1. That further investigations be conducted. This is especially desirable since
existing sink holes which have been filled are continuing to subside. This
includes those on public park property.
2. The initial goal or scope of these further investigations would be limited to
the subject property, south of 33rd Street and west of 18th Avenue N. W. This
I� would include all of the park -playground area and certain portions of the
private property.which presently has exposed sink holes. If such tests reveal a
continuation of cavities beyond the boundaries of the proposed survey (toward
the water tower then additional research would be �a„ ) justified, and recommended:,-..
by this Department to the Council.
3. The methods to be employed consist of a combination of electrical resistivity
readings correlated with occasional soil borings to verify those readings. Since
this Department is presently experiencing a slow down in called inspections it
will be possible for the City to provide some personnel in assisting with the
electrical resistivity survey. This in turn will reduce the overall cost of the
project.
I' The Council previously alloted $4000 for a preliminary survey. Twin City Testing
has submitted a bill in the amount of $2750 for the preliminary survey. The
attached proposal from Twin City Testing indicates that the remainder of the
exploration as described above should be completed at a cost of approximately
$1850. This would be $600 more than the original grant.
Upon motion by Cherland, second by McNary, and all present voting in favor, the recommendation
was approved and the Department authorized to continue investigations.
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j; Request of C. F. Massey Company for a vestibule on their building located at 20
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638 Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., August 17, 1970 •
2nd,Street S. W., the vestibule wouldfront on 2nd Street S.W. and the two doors would
partially extend over the public sidewalk when in an open position; they desire a projection
of 16" as opposed to the 12" permitted by the code; the existing sidewalk is 14,10" wide; the
Building and Safety Department recommended approval. Upon motion by Ludowese, second by
Cherland, and all present voting in favor, the City Attorney was instructed to prepare a
resolution granting the; -request.
A motion was made by Larson, second by Cherland, that the Public Safety
Committee study the matter of minimum sidewalk widths in the business areas, relative to
variances being asked; all present voted in favor.
Upon motion by Ludoweee, second by Cherland, and all present voting in
favor, the contract bonds of Selby Truck Sales in the amount of $19,299.00 with Hartford
Accident and Indemnity Company as surety and Ed Mahoney and Dick Pearson in the amount of
$3,715.64 with United States Fidelity and Guaranty Company as surety, were each approved.
Recommendation of City Engineer that a local improvement project be
initiated for installation of sanitary sewer and water main.extensions to the Bible College
Property in the W� SWk Section 11-107-14. Upon motion by Ludowese, second by Larson, and all
present voting in favor, a resolution referring proposed improvement for feasibility report
and recommendation to the City Engineer and Public Works Committee was adopted.
Upon motion by Cherland, second by Ludowese, and all present voting in
favor, the City Attorney was instructed to prepare a resolution deleting the intersection of
40th Street and 18th Avenue Northwest as a necessary crossing guard location.
Upon motion by Cherland, second by Larson, and all present voting in favor,
the recommendation of the Personnel Advisory Committee that Rozanne Witter be promoted to the
position of programmer in the Finance Department and that she be paid step B of Grade 5 ($526)
;1 was approved.
Recommendation of Planning Department that Olmsted County Park and Recreation
Department application for a temporary use permit to allow a portion of the Olmsted'County
Fairgrounds to be used as a travel trailer parking area on September 4, 5, 6 and 7, 1970 be
approved. Upon -motion by Larson, second by Ludowese, and all present voting in favor, the
recommendation was accepted and the temporary use requested was granted, the County Park
Department to obtain a zoning certificate from the City Planning Department.
Upon motion by Larson, second by Cherland, and all present voting in favor,
the City Attorney wasinstructed to prepare a resolution designating parcels 15,900, 16000,
16305, 16304, 16303, 16301 and 16200 as a Rural Service District (area south of U. S. 14-52
between the Zumbro'River and Graham Addition).
A motion was made by Cherland, second by McNary, and passed by all present
voting in favor, that the semi=monthly bills in the amount of $173,769.76,*list attached, were
approved.
Recommendation of Engineering Traffic Department that the Master Parking
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Record of Official Proceedings of the Common Council
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of the City of Rochester, Minn., August 17, 1970
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Resolution to (1) prohibit parking on 17th Street N.E. on both sides between T. H. #63.and 2nd
Avenue N. E. at all times and (2) to close 17th Street N. E. just east of 3rd Avenue N. E.
between the hours.of 12:00 and 1:00 P. M., be amended. Upon motion by.Ludowese, second by
McNary, and all present voting in favor, the recommendation was accepted and the City Attorney
was instructed to prepare the necessary resolution.
A letter signed by Ronald L. Seeger, President of the Rochester Charter Commiss
stating that the Charter Commission has no function to perform in the handling of the petition,
regarding Sunday Sales of intoxicating liquors, the City Charter andeState Statute give the
power to deal with this question to the City Council. A motion was made by Larson, second by
McNary, instructing the City Attorney to prepare a resolution that this be put on the ballot
for the primary election on September 15, 1970. Upon motion by Ludowese, second by Larson,
and all present voting in favor, this matter was tabled for a few minutes to allow the City
Attorney to check the time element.
Recommendation of City Planning Department that their recommendation of June 24,
1970 listing proposed amendments to the Land Use Plan in the area of U. S. 52 to the Country
Club Manor from 2nd Street S. W. to U. S. 14 be amended as follows:
1. Designate the area in the S.W. quadrant of U.S. 14 and 7th Street
N. W. as being best suited for future commercial use (See 8a)
2. Expand the multi -family designation contained in Item 10 of our
recommendation of June 24,1970 to include the Clemens property,
Fiegel property, West Zumbro Addition area.
3. Designate the area between 2nd Street S.W. and 1st Street S.W. from U.S.
52 to 23rd Avenue S. W. as being best suited for future commercial use.
Mr. Fred Schuster, representing Mayo Foundation, owner of property in this area, said he felt
to attempt to adopt a land use plan for the entire area was immature; he said he would prefer
to have no land use for this property but if it had to be put on he would like it to be M-1
and if this is not satisfactory perhaps in 5 years it could be changed. Upon motion by
Ludowese, second by Larson, and all present voting in favor, a hearing was set for 7:30 o'clocl
P. M. on September 21, 1970 on the proposed amendments to the Land Use plan.
Mr. Joseph Clemens was present and said they would like to annex about 80 acres
East of Country Club Manor to the City, they thought that they were abutting the City but
found a 66 foot roadway between their property and the City (the 66 ft. roadway is owned by
Lloyd Quarve); he said they would like to know what to do to get annexed, whether they would
be able to get water and whether it would be zoned*as multiple dwelling which is necessary
for a trailer court which is what they are proposing. After further discussion Mr. Clemens
was told to have his Attorney contactothe City Attorney to see what can be done.
Upon motion by Ludowese, second by McNary, and all present voting in favor, the
matter*of placing the Sunday liquor question on the ballot for the primary on September 15th
was taken from the table. The City Attorney reported that there was adequate time to include
this on the ballot on September 15th. P,resident_;,Postter• then called for a vote on the
original motion, and all present voting in favor except Alderman Ludowese who voted "nay",
the motion was carried and the City Attorney was instructed to prepare the necessary resolut
to place this on the ballot on September 15, 1970.
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Upon motion by Larson, second by Ludowese, and all present voting in favor, a
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Record of Official Proceedings of the Common' Council
of the City of Rochester, Minn., August 17, 1970
resolution referring a petition for street grading, surfacing, sanitary sewer extension, water
in'extension to Hutchins 2nd Replat'to the City Engineer and Public Works Committee for
termination of adequacy, feasibility report and recommendation was adopted.
Upon motion by Larson, second by Cherland, and all present voting in favor,
resolution granting one public dance permit to Laura Lea Hedgecock (Rochester Youth Center) was
dopted.
Resolution authorizing and directing Mayor and City Clerk to execute release and
ty agreement between the City, A. Shelgren & Son, Inc. and Fidelity and Deposit Company
f Maryland (Public Utility). Upon motion by Ludowese, second by Larson, and all present
ting in favor, resolution adopted.
Resolution including parcels 15,900, 16000, 16303, 16305, 16304, 16301 and 16200 in
he Rural Service District (taxes due and payable in 1971). Upon motion by Ludowese, second by
son, and all present voting in favor, resolution adopted.
Resolution authorizing and directing Mayor and City Clerk to execute on behalf of
City the petition to vacate part of Third Avenue Northwest (West River Road) abutting
alhalla Fourth Subdivision, Valhalla Second Subdivision -and Elton Hills East Fifth Subdivision.
pon motion by Ludowese, second by Larson, and all present voting in favor, resolution adopted.
Resolution authorizing Mayor and City Clerk to execute the revised application for
Payment on FAAP'Project No. 9-21-079-C911. Upon motion by Larson, second by Ludowese, and
11 present voting in favor, resolution adopted.
Resolution approving contract supplement to the Federal Aviation Administration
act No. FA67CE-4023 dated November 12, 1966 (lease of REIL system) and authorizing Mayor
City Clerk to execute same. Upon motion by Ludowese, second by McNary, and all present
ting in favor, resolution adopted.
Resolution authorizing and directing Mayor and City Clerk to execute lease and
tenance agreement between the City and James L. Denny (part of Lot 4, Block 2, Sunset
Trace Addition next to bridge over the highway). Upon motion by Ludowese, second by McNary,
all present voting in favor, resolution adopted.
Resolution rescinding a resolution adopted on July 8, 1970 approving a lease
with Frost -King, Enterprises, Inc. and authorizing Mayor and City Clerk to execute
lease agreement between City of Rochester and F & K Enterprises, Inc. Upon motion by
son, second by Cherland, and all present voting in favor, resoibtion adopted.
Resolution that 17th Street Northeast be closed to vehicular traffic on the east
ide of 3rd Avenue Northeast between the hours of 12:00 o'clock noon and 1:00 o'clock P. M.
school days only and only during such time as the split shift schedule at Kellogg Junior
gh School continues in effect. Upon motion by Larson, second by Ludowese, and all present
ting in favor, resolution adopted.
Resolution that the State of Minnesota, acting through its Department of Highways
requested to prepare and submit to the City of Rochester for execution an agreement providing
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Record of Official Proceedings of the Common Council 6 41
of the City of Rochester, Minn., August 17, 1970
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for an analysis of inventory results and preparation of improvement plans for Stage II (Area
Outside the Central Business District) undertthe Traffic Operations Program for Increasing
Capacity and Safety (TOPICS Program).. Upon motion by Larson, second by McNary, and all present
voting in favor, resolution adopted.
Resolution requesting the Commissioner of Highways of the State of Minnesota to
undertake a study of the speed limitations at (1) 16th St. S.E. between 3rd Avenue and llth
Avenue S.E. (2) llth Avenue S. E. between 12th Street and 20th Street S. W. (3) 13th-15th
Avenue S. E. between 4th Street and 12th Street S. E. (4) Elton Hills Drive between Highway
# 52 and Highway # 63 and (5) 7th Street N. E. between West Silver Lake Drive and llth Avenue
N. E. Upon motion by Ludowese, second by Larson, and all present voting in favor, resolution
adopted.
Resolution amending the comprehensive parking resolution by adding a new
paragraph (221.1) to read as follows:
11(221.1) 17th Street Northeast on both sides of the street from T. H. No. 63
to 2nd Avenue Northeast at all times.
Upon motion by Larson, second by Cherland, and all present voting in favor, resolution adopte
Resolution that a special election be held on September'15, 1970 for the purpose
of submitting to the qualified voters of said City for their ratification or rejection the
question of authorizing the issuance of5',special licenses to certain hotels, restaurants, and
clubs in the City of Rochester permitting the sale of intoxicating liquors during certain
hours on Sundays in conjunction with the serving of food. Upon motion by Larson, second by
McNary, and all present voting in favor except Alderman Ludowese who voted "nay", resolution
adopted.
An Ordinance rezoning certain property and amending the Zoning Ordinance of the
City of Rochester, Minnesota (Grindley property to R-3 Multi Family Residence District) was
given its first reading. Dr. R. G. Konicek of 1735 3rd Avenue N. W. was present in
opposition to this zone change; he said when he purchased this property they were assured that
`it would remain strictly residential, he felt it was detrimental to the neighborhood and would
depreciate his property; he said a petition from people in this neighborhood showed that they
were not in favor of the zone change; he said progressive change which would include parks or
single family units would be welcome but felt the proposed apartment dwelling unit of 480
families would be a continuous source of irritation for many of them.
Upon motion by McNary, second by Larson, and all present voting in favor, the
meeting was adjourned.
City Clerk
Items for Information
1. Minutes of standing committees of 8-10-70
2. Letter concerning operation of the Bank Saloon
3. Letter opposing sidewalk assessment at Silver Lake Trailer Court
4. Municipal Court Financial Report - June 1970
5. Application for liquor license - Metro Development (filed in Clerk's Office)
6. Referred to Planning & Zoning Commission - (a) letter concerning rental of U-Haul equipment
at Mobil Station (b) variance at 4th Street and 1st Avenue N.W. (c) preliminary plat
of North Star Subdivision (d) conditional use by Rochester Properties, Inc. at 18 -
14th St. S. S. (e) E. G. Walth application approval of general development plan in
NW'k NA Section 23-107-14