HomeMy WebLinkAbout12-14-1970b.9 6 Record of Official Proceedings of the Common .Council
of the City of Rochester, Minn., December 7, 1970 •
December 14, 1970
Minutes of regular meeting of Common Council for first meeting of the month on
Monday, December 7, 1970. Alderman Larson was the only member present, so due to lack of a
quorum the meeting was adjourned until 2:00 o'clock P. M. on December,14, 1970.
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 14, 1970.
President Postier called the meeting to ceder at 2:00 o'clock P. M., the following
members being present: President Postier, Aldermen Cherland, Larsoni Ludowese, McNary, Strain,
Willmarth. Absent: None.
Upon motion by Strain, second by Ludowese, and all voting in favor, the minutes
of the meetings of November 16 and November 23, 1970 were approved.
A letter from C. A. Armstrong, City Engineer stating some concerns for Council
consideration in regard to the proposed AMPI Cheese Plant and projects of a similar nature was
presented and upon motion by Strain, second by Ludowese, and all voting in favor, the letter
was referred to the Public Works Committee.
Upon motion by Larson, second by Ludowese, and all voting .in favor, approval was
granted to the Olmsted County Bank and Trust Company for permission to use sound equipment
on their building in connection with Christmas Caroling from December 14th thru 21st, 1970.
Upon motion by.Larson, second by Ludowese, and all voting in favor, the four
following resolutions were adopted: (as) resolution declaring cost to be assessed and ordering
preparation of proposed assessment for street grading and surfacing, wpter main extension, storm
sewer and service connections to 101 Crenlo Site (Hendricks Subdivision) 19th Street N. W. to
CSAH #4 (b) resolution ordering a hearing on proposed assessment for street grading and surfacing
water main extensions, storm sewer and service connections to I01 Crenlo site (Hendricks
Subdivision) 19th St. N.W. to CSAH #4 (c) resolution declaring cost to be assessed and ordering
preparation of proposed assessment for extension of sanitary sewer and water main in IOI site
in N'k Section 28 Cascade Township (Part I watermain) (d) resolution ordering a hearing on
proposed assessment for extension of sanitary sewer and water main in I01 site in Nk
Section 28 Cascade Township (Part I Watermain).
Upon motion by Willmarth, second by Larson, and all voting in favor, the
applications of Blue & White Cabs for renewal of 18 taxicab Licenses and of Yellow Cab Corp.
for renewal of 31 taxicab licenses were approved. The annual financial statements of both
companies were ordered placed on file.
Recommendation of Public Works Committee to initiate proceedings to annex lands
60% surrounded by city limits, the lands are along 7th Street N.W. and T.H. # 52 north ofthe
railroad tracks; parcel A, abutting 7th Street N. W. consisting of 4 lots in Auditors Plat
D is surrounded on 62.5 percent of its perimeter and Parcels B & C consisting of the Highway
right-of-way and the lands west of the highway lying between the railroad tracks and 14th
Street N.W. are surrounded on 81.9% of their perimeter. A motion was made by Ludowese, second
by Strain, to proceed with the annexation and the annexation was referred to the Planning &
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Record 'of Official Proceedings of the Common Council 697
r of the. City of Rochester, Minn., becember' 14, 1970
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Zoning dor departmental review and the City Attorney was instructed to prepare the necessary
ordinance; all voted in favor.
Upon motion by Larson, second by Strain, and all voting in favor, the petition
from E. G. Walth, owner of the unplatted land on the north side of 40th•Street N.W. easterly
of Sunrise Estates Subdivision for street and storm sewer construction on 40th Street N.W.
from llth Avenue N.W. in Sunrise Estates Subdivision to 366 ft east of the west line of
Sectibn'23_xwas,..referred to the City Engineer and Public Works Committee.
Upon motion by Strain, second by Ludowese, and all voting in favor, a resolution
was adopted ordering a hearing for grading, surfacing and storm sewer construction in 40th
Street N. W. from llth Avenue N. W. in Sunrise Estates 2nd Subdivision to 366 feet east of
the west line of Section 23.
Recommendation of Public Safety Committee that (a) establish a no -parking zone on -I
the south side of 4th St. S.W. between 1st Ave. and 2nd Ave. and on the north side of 4th
St. S.W. from 1st Ave. to a point 200 feet more or less west of 1st Ave. (b) delete 90
minute parking Subsection 16 of Section I and (c) amend Passenger Loading zones to read
"Fourth St.S.W. on the north side of the street 40 feet more or less in front of the premise:
known as 119 Fourth St.S.W. (N.W: Bell Telephone Co.) from 6:00 A.M. to 6:00 P.M. Monday
except Alderman Ludowese who voted "nay",
through Friday. Upon motion by Larson, second by Willmarth, and all voting in favor,/the
recommendation was approved and theCity Attorney was instructed to prepare the necessary
resolution. `
Recommendation of Public Safety Committee that meters be installed on the follow
streets (1) 4th Ave. N.W. on both sides of the street between West Center Street and 1st
Street N.W. - 3 hour (2) 4th Ave. N.W. on east side of the street from West Center Street to
a point 75 feet more or less to the south - 3 hour (3) 4th Avenue N.W. on the east side of
the street between 1st Street S.W. and 2nd Street S.W. - 90 minute (4) 4th Avenue N. W. on
both sides of the street between 2nd St. S.W. and 3rd St. S.W. - 3 hour (5) 3rd Street S.W.
on both sides of the street between 3rd Avenue S.W. and 4th Avenue S.-W. -3 hour (6) 2nd
Avenue N.W. on both sides of the street between 1st and 2nd Street N.W. - 3 hour. Upon motic
by Strain, second by Larson, and all voting in favor, the recommendation was approved and the
City Attorney was instructed to prepare the necessary resolution.
Recommendation of Public Safety Committee that two 12 minute meters be installed
in place of two 90 minute meters in front of 210 North Broadway. Upon motion by Willmarth,
second by Larson, and all voting in favor, the recommendation was approved and theCity
Attorney was instructed to prepare the necessary resolution.
Recommendation of Traffic Engineering that parking be removed on the west side of
9th Avenue N.W. between 1st and 2nd St. N.W. Upon motion by Larson, second by McNary, and
all voting in favor, except Alderman Ludowese who voted "nay", the recommendationwas approvec
and the City Attorney was instructed to -prepare the -necessary -resolution.
Recommendation of Traffic Engineering that the City initiate a project to install
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a median fence on Highway # 52 between 19th Street N.W. and 37th Street N.W. Upon motion by
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., December 14, 1970
Ludowese, second by Cherland, and all voting in favor, the recommendation was approved and the
City Attorney was instructed to prepare a resolution requesting.the Minnesota State Highway
Department to proceed with a contract to install a median fence on Highway # 52 between 19th St.
N.W. and 37th St. N.W.
Recommendation of Public Safety Committee that an adult crossing guard be placed
lat 16th Street and 9th Avenue S. E. Upon motion by Strain, second by Ludowese, and all voting
lin favor, the recommendation was approved and the City Attorney instructed to.prepare the
(necessary resolution.
Tabulation of bids for furnishing the years supply of gasoline andlauling from the
bulk tank to the dispensing stations. Upon motion by Ludowese, second by Strain,.and all voting
lin favor, the low bid of American Oil Company, Standard Oil Division, at..12068 per gallon and
1.0074 per gallon for hauling was accepted and the City Attorney was instructed to prepare the
necessary contract.
Recommendation of Planning Department that application of Cecil & Rachael M.
rris to convey property located at 2016 19th Street N. W. be approved. Upon motion by Willmarth,
econd by Larson, and all voting in favor a resolution was adopted approving conveyance of land
y metes and.bounds on the property at 2016 19th Street N. W. (SWk.Section 27-107-14).
A letter from the Charter Commission stating that they had passed a resolution
hat the resolution requesting them to recommend adoption of an amendment to the Charter of the
ity of Rochester by adding a new Section 164 (Hotel -Motel Tax); be tabled until the 1971 State
egislature reacts to the revenue needs of the cities. X-meeting was set for Monday night,
ecember 21st, for the Council as a committee of the whole and the Charter Commission to further
iscuss this.
Upon motion by Cherland, second by Willmarth, and all voting in favor, the
ppointment of Neil McCormack to the Committee on Urban Environment, as submitted by Alderman
train, was approved.
Resolution authorizing and directing Mayor and City Clerk to execute on behalf
f the City of Rochester a Deed of Restriction wherbby the City agrees not to sell, lease or
therwise transfer the 4.55 acre tract of land purchased from Carpenter and Grieve for park
urposes without prior approval of the Secretary of Housing and Urban Development. Upon motion
arson, second by Cherland, and all voting in favor, resolution adopted.
Resolution authorizing and directing Mayor and City Clerk to execute a contract
or installation of watermains in the public utilities on Lot 1, Block 1, Northstar Subdivision
th Weis Builders. Upon motion by Larson, second by Strain, and all voting in favor, resolution
dopted.
Resolution authorizing and directing Mayor and City Clerk to execute a contract
th Mobil Oil Corporation and Weis Builders, Inc. for sanitary sewer and water main on 37th
treet N. W. from 21st Avenue N.W. to R.O.W. IT. S. 52. Upon motion by Strain, second by Larson,
ind all voting in favor, resolution adopted.
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., December 14, 1970
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Resolution, granting variance to permit construction of a ground sign on the
premises of the International Motel at 1915 North Trunk Highway No. 52 having a maximum
height of 40 feet to be used for the purpose of advertising the presence of the motel,
subject to all other requirements of the Zoning Ordinance being complied with. Upon motion
by Willmarth, second by Larson, and all voting in favor, resolution adopted.
Resolution.authorizing and directing Mayor and City Clerk to execute the
Concessionaire Agreement between the City of Rochester and Thomas Kruse, providing for the
employment of Mr. Kruse as the concessionaire at the Audiforium and public parks, except
Soldiers Field and Eastwood Golf Course, for the 1971 calendar year. Upon motion by
Cherland, second by Strain, and all voting in favor, resolution adopted.
Resolution ordering local improvement project of curb and gutter and drive
approach on the east side of llth Avenue N.E. along Lot 5, DuVille Second.Subdivision and
the assessment of the entire improvement against said property. Upon motion.by Larson,
second by Ludowese, and all voting in favor, resolution adopted.
An Ordinance annexing to the City of Rochester, Minnesota, certain unplatted
land not exceeding 200 acres in area, all being in the Northeast Quarter of the Southeast
Quarter of Section 5, Township 106 North, Range 13 West, Olmsted County, Minnesota, was
given its first 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 second
and final reading.. A motion was then made by Cherland, second by Strain, that the said
ordinance be adopted as read and all voting in favor, President_Postier declared the said
ordinance duly passed and adopted. (REA Property)
An Ordinance relating to, the Rochester Sanitary Sewer System, and charges for
the use thereof; prohibiting the discharge of certain wastes; roviding a penalty for
violations; and amending Rochester Code of Ordinance Sections 106.020, 106.030,. 106.040,
106.050, 106.150 and 106.160, was given its first reading. The matter of rates and charges)
and availability was referred to the Public Works Committee for further study and amendment)
if necessary.
James J. Macken, Jr. Chief of Polic+eported that their department had
received 14 complaints since .November 15th about snowmobiles in the City; snowmobiles are
banned from streets,.street right of ways and other public property by.ordinance and he
said with a little more reminding.and perhaps a.public area made available for their use
this problem would decrease.
Alderman McNary said he had heard many comments on the snow plowing program
this last weekend. Mr. Mark Gray, City.Maintenance Director, was present and reported
that a decision to haul snow has to be made by noon the day before in order to get every
thing ready and give the necessary 12 hour posted notice; there was just an inch of snow
fall at noon on Thursday and as.late as 4 p. m. on Thursday there was only 3 inches of
snow; he said the streets were not plowed until Saturday because of the necessary 12 hour
posted notice.
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Upon motion by Willmarth, second by Strain, and all voting in favor, the
700 Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., December 14 , 1970
meeting was adjourned until 7:30 o'clock P. M.
President -Postier called the meeting to order again at 7:30 o;clock P. M. with the
following members being present: President Postier, Alderman Cherland, Larson, Ludowese, Strain,
Willmarth. Absent: Alderman McNary.
Hearing on vacation of a portion of Fifth Street Southeast from the west right of
way line of First Avenue Southeast to a point 100 feet west thereof. There was no one present
wishing to be heard. President Postier declared the hearing officially closed. A motion was
made by Strain, second by Willmarth, that the vacation be approved and the.City Attorney be
instructed to prepare the necessary resolution; all present voted in favor.
Hearing on establishing the recently annexed BA.ihly property as a Rural Service
(District. There was no one present wishing to'be heard. President Postier declared the hearing
officially closed. A motion was made by Ludowese, second by Willmarth, to proceed; all present
voted in favor.
Hearing on final plat of Elton Hills East Seventh Subdivision. There was no one
present wishing to be heard. President Postier Declared the hearing officially closed. Upon
motion by Strain, second by Cherland, and all present voting in favor, a resolution was adopted
approving the said plat.
Hearing on application for approval of a preliminaly. plan for an addition to
Apache Mall Shopping Center. Mr. John Kokher of Apache Mall was present and said they.had
nothing to add to their application but would answer any ggestions. There was no one else
present wishing to be heard. President Postier declared the hearing officially closed. A motion
was then made by Cherland, second by Larson, that the preliminary plan be approved; all present
voted in favor.
Hearing on application for a variance to exceed the tract cbverage provision
(Article 47.022)• of the Zoning Ordinance, to allow an addition to Apache Mall Shopping Center.
(There was no one present wishing=to be heard. President Postier declared the .hearing officially
closed. A motion was made by Larson, second by Cherland, that the variance be granted and the
present
City Attorney be instructed to prepare the necessary resolution; all/voted in .favor.
Hearing on application for a variance to vary the side.yard requirements to allow
a second story addition to a house at 1216 Second Street N. W. The petitioner was present and
(urged that this variance be granted. There was no one else present wishing to be heard.
President Postier.declared the hearing officially closed. A motion was made by Strain, second
by Cherland, that the variance be granted and the City Attorney, was instructed to prepare the
necessary resolution; all present voted in favor.
Hearing on Planning Commission initiated change of zoning districting within the
980 contour elevation on the east and west sides of the Zumbro River and from the south line of
the Northeast Quarters of Section 26-107-14 to th3 North line of said Section 26 from the R-1
District to the F Fistrict; also a change of zoning districting of a portion of Parcel 29300,
29601, 291003, 29000 and 28900 from R-1 District to the M-1 District.(area west of West River
Parkway to 3rd Avenue N.E. from Dog Pound to north city limits). There was no one present
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Record of Official Proceedings. of the Common. Council
of the City of Rochester, Minn., December 14 , 1970
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wishing to be heard. President Postier declared the hearing officially closed. A motion was
made by Cherland, second by Ludowese, that the zoning change be approved and the City Attorney
was instructed to prepare the necessary ordinance; all present voted in,favor except Alderman
Strain who voted "nay".
A motion was made by Cherland, second by Strain, and passed unanimously that
the semi-monthly bills, list attached, in.the amount of $678,920.06 be approved.
Report on Radio Communicatinns Study for making a joint radio communications
study for'City Police Department and County Sheriffs Office, A motion was made by Larson,
second by Ludowese, that the proposal of North Star Research and Development Institute be
approved and the City Attorney was instructed to prepare the necessary contract; all present
voted in favor.
Upon motion by Cherland, second by Strain, and upon roll call and all present
voting in favor, the rules were suspended and an"Ordinance relating to the Rochester sanitary
sewer system, and changes for the use thereof; prohibiting the discharge of certain wastes;
providing a penalty for violation; and amending Rochester Code of Ordinances Sections 106.020,
106.030, 106.040, 106,050, 106.150 and 106.160" was given its second and final reading. A
motion was then made by Strain, second by.Willmarth, that the said ordinance be adopted as
read, and all present voting in favor, President Postier declared the said ordinance duly
passed and adopted.
An Ordinance rezoning certain property and amending the Zoning Ordinance of
the City of Rochester, Minnesota (rezoning land to flood plane and M-1 along Elton Hills West
of Highway 63) was given its first reading.
Resolution authorizing and directing Mayor and City Clerk to execute an
agreement for the purchase by the City of 11.5 acres at a cost of $17,250.00 (from Rabehl's).
Upon motion by Cherland, second by Ludowese, and all present voting in favor, resolution
adopted.
Resolution instituting condemnation;: -proceedings for park purposes (Gore
Property in Section 11-106-14). Upon motion by Strain, second by Cherland, and all present
voting in favor, resolution adopted.
Resolution amending Parking resolution as follows:
(1) Section B,.No Parking Zones, is amended by adding Paragraph (172.11)
to read as follows:
(172.1) Ninth 6venue Northwest on the west side between
First Street Northwest and Second Street Northwest at
all times. '
Upon motion by Larson, second by Willmarth, and all present voting in favor, except Alderman
Ludowese who voted "nay", resolution adopted.
Resolution amending Parking resolution as,follows:
Section I, Parking Meters, Zone A, is hereby amended by adding.paragraph
(3.5 to read as follows:"
(3.5) North Broadway on the west side of the street 50 feet more
or less south of Third"Street Northeast in front'of Premises
known as 210 North Broadway.
Upon motion by Ludowese, second by Larson, and all present voting in favor, resolution
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adopted.
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., December 14, 1970
Resolution amending Parking resolution as follows:
(1) Section I, Parking Meters, Zone F, is amended by adding Paragraph
(11.5) to read as follows:
(11.5) Fourth Avenue Northwest on both sides of the street between
West Center Street and First Street Northwest.
(2) Section I, Parking'Meters, Zone F, is amended by adding Paragraph
(11.6) to read as follows:
(11.6) Fourth Avenue Northwest on east side of the street from West
Center Street to a point 75 feet more or less to -the south.
.(3) Section I,.Parking Meters, Zone D, is amended by adding Paragraph
(15.5) to read as follows:
(15.5) Fourth -Avenue Northwest.on the east side of the street between
First Street Southwest and Second Street Southwest.
(4X Section I, Parking Meters, Zone F, is amended by.adding Paragraphs
(11.7) , (11.4) and (8.5) to read as follows:
(11.7) Fourth Avenue Northwest on'both sides of the street between
Second Street Southwest and Third Street Southwest.
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(11.4) Third Street Southwest on both sides of the street between
Third Avenue Southwest and Fourth Avenue Southwest.
(8.5) Second Avenue Northwest on both sides of the street between
First Street Northwest and Second Street Northwest.
Upon motion by Larson, second by Strain, and all present voting in favor, resolution adopted.
Resolution amending Parking resolution as follows:
(1) Section B, No Parking zones is hereby amended by adding Paragraph
(103.1) as follows: `
(103.1) Fourth Street Southwest on the south side between 1st
Avenue and 2nd Avenue and.on the north side of Fourth
Street Southwest from 1st Avenue to a point 200 feet more
or less west of 1st Avenue.
(2) Section I, Parking -Meters, Zone D, is hereby amended by deleting
Paragraph (16) in its entirety.
(3) Section E, Passenger Loading Zones, Paragraph (71) is amended in its
entirety to read as follows:
(71) Fourth Street Southwest on the north side of the street 40
feet more or less in front of the premises known as 119 Fourth
Street Southwest (Northwestern Bell Telephone Company) from
6:00 A. M. to 6:00 P. M. Monday through Friday.
Upon motion by Larson, second by Strain, and all present voting in favor, except Alderman
Ludowese who voted "nay", resolution adopted.
Resolution granting variance to permit tract coverage of the Apache Mall
Shopping Center Subdivision of 28.3 per cent. Upon motion by Strain, second by Ludowese, and
all present voting in favor, resolution adopted.
Resolution granting variance to permit second floor addition to an existing
house at 1216 Second Street Northwest (Lot 5, Block 4, Cascade Manor Subdivision). Upon
motion by Ludowese, second by Willmarth, and all present voting in favor, resolution adopted.
Resolution that City will participate up to 37.5 per cent of cost of
construction of a chain link fence along T. H. 52 between 19th Street N. W. and 37th Street
N. W. and reggesting Minnesota Department of Highways to proceed with preparation of plans
and specifications and an agreement. Upon motion by Willmarth, second by Cherland, and all
present voting in favor, resolution adopted.
Resolution authorizing and directing Mayor and City Clerk to execute an
agreement between City and North Star Research and Development Institute for radio
communications study. Upon motion by Willmarth, second by Ludowese, and°all present voting
in favor, resolution adopted.
An Ordinance amending Ordinance No. 1466 entitled "An Ordinance establishing
,within the City of Rochester an Urban Service District as separate taxing district (Baihly
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Record of Official Proceedings of the -Common Council
of the City of Rochester, Minn., December 14, 1970
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Property) was given its first reading. Upon motion by Strain, second by Willmarth, and upon
roll call and all present voting in favor, the rules were suspended and the ordinance was
given itssycond and final reading. A motion was then made by Ludowese, second by Strain,
that -the said ordinance be adopted as read and all present voting in favor, President Postier
declared the said ordinance duly passed and adopted.
Upon motion by Larson, second by Strain, and upon roll call and all present
voting'in favor, the rules were suspended and an "Ordinance relating to the Gas Franchise
granted the Northern Natural Gas Company for the sale of gas in the City of Rochester and the
rates to be charged for such gas; amending the Rochester Code of Ordinances by adding a new
Section thereto" was given its second and final reading. Mr. Gerald Swanson submitted the
following four changes that had been made to the original draft:
(1) In 211.041, line 10 be changed to read
"one -tenth of one cent per Mcf in each subsequent billings.
period beginning not earlier than the first of the month
after the effective date of the increase or decrease in
wholesale rates in the manner hereinafter pre'scf•ibed (it
was previously one cent per Mcf)
(2) paragraph (2) under Firm Retail Gas Service should read
as follows:
(2) An amount determined by dividing the total Mcf sold to
firm customers in the preceding 12 month period into an
amount computed by multiplying the increase or decrease
in the demand charge by the -:cjemand charge units applicable
to firm customers during said precedin& 12 month period.
(during said preceding 12 month period was added)
(3) Statement of Purchased Gas Adjustment to read as follows:
Not less than three days prior to any change in the purchased
gas adjustment resulting from this provisionn for adjustment
of rates according to the changes in the cost of purchased gas,
a statement showing the base cost of purchased gas, the present
cost of purchased gas, the date at which and the period for
which such cost was determined, and the amount of adjustment
per Mcf, together with the period such rate adjustment per
Mcf will remain in eflecg, computed in the manner hereinhefore
provided for both Firm Retial Gas Service and Interruptible
Retail Gas Service will be filed with the City of Rochester
apart from the Rate Schedule. Such statement will be available
to the public at the Peoples Natural Gas Division office at
which applications for service may be made.
(4) Add the following line to Refund Provision
The Grantee if it desires, may petition the Common Council
for permission to -adopt another method of refunding the
credit due its customers.
A motion was then made by Larson, second by Ludowese, that the ordinance be adopted as
amended, and all voting in favor, President Postier declared the said ordinance duly passed
and adopted.
Upon motion by Strain, second by Willmarth, and all present voting in favor,
the meeting was adjourned.
Information City Clerk
1. Minutes of standing committees 11-30-70
2. Letter from Imperial Airways re cancellation of helicopter services
3. Letter from Rochester Education Assn. re semaphore at'Herbert Hoover School
4. Letter re stop signs at loth Ave. & 6th St. S.W. John E. Faber (referred to Traffid Engr.)
5. Letter from Robert Springer re sidewalk Job (referred to Engr. & Public Works)
6. Notice of Claim - Rose Quistad (referred to City Attorney & Insurance)
7. Notice of Claim - Larry E. Nelson (referred to City Attorney & Insurance),
8. Referred to Planning & Zoning:
(a) application for variance. at 1220 S.Bdwy (Boutelle's (b) application for variance
at 607 1st St. S.W. (Mohn Home Builders) (c) application for variance at 1216 2nd St.
N.W. (Phil Kern) (d) application for community development project (Summit Square
Addition, 40th St. N.W. (e) application for approval of final plat -North Star Subdivsion
(f) application for metes and bounds conveyance - Apache Mall