HomeMy WebLinkAbout12-06-19717228:
Record of Official Proceedings of the Common Council
of the. City of Rochester, Minn., December 6, 1971
Minutes of a regular meeting of the Common Council of the City of Rochester,
Minnesota, held in the Council Chambers in the City Hall, in said City, on December 6, 1971.
President Postier called the meeting to order at 2:00 o'clock P. M., the
1, following members being present: President Postier, Aldermen Larson, Mayer, McNary, Powers,
Strain. Absent: Alderman Kamper (arrived at 2:20 P. M.)
Upon motion by Strain, second by Mayer, and all present voting in favor, the
minutes of the meetings of November 15, 16, 26 and December 1, 1971 were approved.
Request to transfer the off sale liquor: license issued to Joseph R. and James.E.
Daly from its present location in the Miracle Mile Shopping Center to the Apache Shopping
Center on or before February 28, 1972 and request to issue a new off sale liquor license to
Joseph Guzinski, Jr. to be located at 12 17th Avenue N. W. Miracle Mile Shopping Center (the
Present liquor store location) Upon motion by Strain, second by Powers, and all present,
voting in favor, the requests were approved and the transfer was approved and the new license
granted.
Request to transfer the off -sale and on -sale 3.2 beer licensed issued to Ralph
Waltman of the Happy Times Bar at 322 South Broadway, to Donald Rockvam at the same address
also the application to transfer the on -'sale 3.2 beer license issued to.Donald Rockvam at
323 South Broadway to Alvin Nelson at the.same address. Mr. Donald Rockvam was present and
said he was going to operate the Happy Times Bar and had leased the pool hall part to Mr..
Nelson on the D & R Cafe and this is where the beer is sold, he also said the poker table had
been removed from the pool hall. Upon motion by Larson, second by Mayer, and all.present
voting in favor, the transfers were both approved.
Mrs. Kamper arrived at 2:20 P. M.
The Rochester Art Center has received title to the Plummer House and surrounding
grounds and would like to convey the premises by gift to the City subject to the conditions
below; the Plummer House was initially deeded to the Art Center as a gift by Mrs. Daisy Plummer,
widow of Dr. Henry S. Plummer, and Mrs. Plummer approves the proposal to now make a gift of
the property to the City on the following terms: (1) Concurrently with such conveyance the
City is to lease the building to the Art Center for a term of 34 years at a minimum of $1.00
per year (2) the premises surrounding the building are to be maintained by the City for
public garden and botanical purposes during the term of the lease, the City will also be
responsible for constructing adequate parking areas, and installation of sewer and water lines
to the buildings (3) the Art Center will be rsponsible for maintenance and repair of the
buildings, payment of any real property taxes other than special assessments, payments of
utilities, and providing insurance with limits of $100,000/$300,000/'$10,000 (4) the
restrictions on the City's use of the property, the lease and its terms are all subject to
modification or termination at any time by mutual consent of the City and The Rochester Art
Center. Mr. Franklin Michaels, Attorney for the Art Center, presented copies of the deed
and also copies of the lease. Upon motion by Strain, second by Powers, and all voting in
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Record of Official Proceedings of the 'Common Council
of the City of Rochester, Minn., - December 6, 1971
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favor, the City Attorney was instructed to prepare a resolution accepting the deed and lease
Application of Lysne Construction, Inc. for a permit to move a double cabin
2214 South Broadway out of the City limits (owned by Vincent Folkert). Upon motion by
second by Mayer, and all voting in favor, the permit was approved.
A project for watermain extension from 22nd St. N.E. at loth Avenue N. E. to
Northern Hills Drive N. E. was initiated in 1970 to provide water services -to Northern Hills
First Subdivision but had been delayed because of need for right-of-way through the
unplatted lands.but the acquisition of right-of-way is now in progress to it is recommended
to proceed. Upon motion by Larson, second by Strain, and all voting in favor, two resolutioi
were adopted (1) resolution approving plans and specifications and ordering bids and (2)
resolution receiving preliminary report, ordering a public hearing and directing preparation
of plans and specifications.
Feasibility report of extension of sanitary sewer and watermain to serve 11 acrel
tract in SWk Section 7 Marion Township and 22 acre tract in Section 12 Rochester Townhsip,
the project is feasible with an estimated cost of $111,760. Upon motion by Mayer, second
Strain, and all voting in favor, a resolution was adopted receiving preliminary report,
ordering a public hearing and directing preparation of plans and.specifications.
Feasibility report for sanitary sewer,water main and storm sewer in Apache Drivel
abutting Lots 1, 2 and 9 Block 2 Apache Mall Shopping Center Subdivision, the project is
feasible and the estimated cost if $14,841. Upon motion by Mayer, second by Strain, and
all voting in favor, two resolutions were adopted (1) resolution approving plans and speci-
fications and ordering bids and (2) resolution determining adequacy of improvement petition,
receiving preliminary report, ordering a public hearing and directing preparation of plans
and specifications.
Request of Traffic Engineer that a resolution be adopted applying for Federal
Funds under the TOPICS program for 3rd Avenue'S. E. from T. H. 63 to 16th Street S. E.; 2nd
Street S..W. from 13th Avenue to 16th Avenue S.W.; Cascade Creek Bridge at 4th Avenue N. W.;
Intersection of 3rd Avenue and 4th Street S. E.; Intersection of llth Avenue and 14th Street
N. W.; intersection of llth Avenue and 5th Street N. W.; intersection of T. H. 63 and 7th
Street North and intersection of T. H. 63 and 14th Street South. Upon motion by McNary,
second -by Powers, and all voting in favor, the recommendation was accepted and the City
Attorney was instructed to prepare the necessary resolution.
Application to display merchandise outdoors on property located at 701 North
Broadway. Recommendation of Planning & Zoning is that the display be limited to not more
than one item of each general kind and be confined to the area of the existing ledge or
walkway and be kept in a neat business like appearance at all times. Upon motion by Larson,
second by Mayer, and all voting in favor, the recommendation of the Planning & Zoning
Commission was approved, the display to be limited to the area of the existing ledge or
walkway and not more than one general item at a time and the City Attorney be instructed to
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prepare the necessary resolution.
Recommendation of Planning & Zoning Commission that the petition to annex
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., December 6, 1971
Recommendation of Planning & Zoning Commission that the petition to annex property
in Section 15 and 16, Cascade Township (known as Pennington Property) and also the Pennington
Business Park be approved and the land be placed in the Rural Service District. Upon motion by
Larson, second by McNary,,and all voting in favor, the recommendation was approved and the City
Attorney was instructed to prepare an'ordinance annexing the said land and placing it in Rural
Service District.
A motion was made by McNary, second by Larson, and passed unanimously that the
semi-monthly bills, list attached, in the amount of '$608,867.85 be approved.
Proposed amendments to the Subdivision Ordinance (Ordinance No. 155.8) pertaining
to Subdivisions in the Flood Plain Area. A motion was made by Strain, second by McNary, that
the amendments be approved and the City Attorney be instructed to prepare the necessary
ordinance. After further discussion a motion was made by Larson,, second by Mayer, to amend the
above motion to include that the City Clerk be instructed to publish a notice of hearing on
this, said hearing to be held on December 20, 1971 and all voted .in favor of the amendment.
President Postier then called for.a vote on the original motion and all voted in favor.
Upon motion by Larson, second by McNary, and all voting in favor, a resolution
was adopted ,transferring unexpended balances of local improvement projects and closing completed
local improvement projects (334,426.50).
Upon motion by Larson, second by Larson, second by Strain, and all voting in favor,
the following resolution was adopted:
"WHEREAS, the Common Council of the City of Rochester, Minnesota by
resolution adopted on August 16, 1971, approved a revision in the rate
schedule for water, electricity, street lighting and steam heatservices
as proposed by the Public Utility Board to become effective September 1,
1971, and
WHEREAS, the effective date of said revised schedule was held in
abeyance by reason of Executive Order 11615 of the United States, and
WHEREAS, the revised rate schedule may now be put into effect
subject to the provisions of Code of Federal Regulations, Title 6,
Section 300.016, and
WHEREAS, the,Common Council has reviwed the increases in rates as
contained in said rate schedule with regard to their consistency with
the provisions of the Economic Stabilization Act of 1970, as amended..
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City
of Rochester that the revised rate.schedule for water, electricity,
street lighting and steam heat services approved by resolution of the
Common Council on August 16, 1971, shall take effect upon passage
and adoption of this resolution."
Upon motion by Strain, second by Larson, and all voting in favor, a resolution
was adopted approving conveyance by metes and bounds on property in Section 26-107-14 (Warren
JArnold property).
Upon motion by Larson, second by Strain, and all voting in favor, the meeting
was adjourned at 3:30 P. M. The meeting was called to order again at 3:40 P. M. with all
(members being present.
Resolution approving resolution adopted by Public Utility Board granting an
indefinite leave of absence for Maxine Klingsporn. Upon motion by Mayer, second by Kamper,
land all voting in favor, resolution adopted.
Resolution accepting a permanent easement for sewer purposes to the City of
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Record of Official Proceedings of the Common- Council
of the City of Rochester, Minn., December 6, 1971
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Rochester in a part of the Southwest Quarter, Section 11, Township 106 North, Range 14 Wes
by Conrad W. Baars and Virginia K. Baars. Upon motion by McNary, second by Strain, and all
voting in favor, resolution adopted.
Resolution petitioning the Minnesota Public Service Commission to amend its
order of August 17, 1970 in regard to the 9th Street Southeast grade crossing. Upon
motion by Mayer, second by Powers, and all voting in favor, resolution adopted.
Resolution levying taxes for payment of $1,500,000 Improvement Bonds, Series
K. Upon motion by Larson, second by Strain, and all voting in favor, resolution adopted.
Resolution authorizing.the Mayor and City Clerk to execute an agreement
between the City of Rochester and Warren T. Arnold and Helen L.Arnold pertaining to the
purchase of a parcel of property for location of a water tower on property in the Southwest
Quarter, Northwest Quarter, Section 26, Township 107, Range 14 at a purchase price of
$3,000.00. Upon motion by McNary, second by Powers, and all voting in favor, resolution
adopted.
An Ordinance relating to the Natural Gas Franchise granted the Northern
Natural Gas Company in the City of Rochester and the rates to be charged for. -such gas;
amending Rochester Code of Ordinances, Section 211.040, as follows, was given its first
reading:
211.040. Rates. The grantee, its successors and assigns shall furnish
natural gas at not to exceed the schedules of maximum rates set forth
below, or at such other reasonable, lawful and valid maximum rates as
may be established from time to time by the Common Council under the
rate regulatory powers vested in it by the city charter and state law.
The grantee shall at all times keep on file in the office of the City
Clerk complete and correct schedules of rates currently being charged
for natural gas. The rates set forth below are subject to adjustment
in accordance with Section 211.041.
SCHEDULE OF MAXIMUM RATES
FOR FIRM RETAIL GAS SERVICE
First 600 cubic feet .:. $1,23 (Minimum charge)
Next 2,400 cubic feet ... 1.258 per thousand cubic feet
Next 47,000 cubic feet ... .768 per thousand cubic feet
Next 50,000 cubic feet ... .738 per thousand cubic feet
Next 200,000 cubic feet ... .698 per thousand cubic feet
All excess cubic feet ... .658 per thousand cubic feet
Discount: The above schedule is net; if bill is not pais within
ten days, the gross rate applies, which is the net schedule plus
10% of the cost of the first 50,000 cubic feet of gas or part
thereof used. SCHEDULE OF MAXIMUM RATES FOR
INTERRUPTABLE RETAIL GAS SERVICE
First 600 cubic feet ... $1.04
Next 2,400 cubic feet ... 1.253 per thousand cubic feet
Next 47,000 cubic feet .753 per thousand cubic feet
Next 50,000 cubic feet ... .733 per thousand cubic feet
Next 200,000 cubic feet ... .483 per thousand cubic feet
All excess cubic feet ... .453 per thousand cubic feet
Minimum Bill: $5.00
The City Attorney said that we do have to check into the matter of the effective phase 2
on this ordinance because it is not clear in his mind what the City's responsibilities arel
as a regulatory body in reviewing this rate increase against the guidelines contained in
the regulations for phase 2.
An Ordinance relating to traffic regulations and the penalty for misdemeanors'
amending Rochester Code of Ordinances Sections 1.100, and 140.405 (b) (2); repealing
Ordinance No. 1616, Section 7, was given its second reading. A motion was made by
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., December .6, 1971
Kamper, second by Powers, that the said ordinance be adopted as read and all voting in favor,
President Postier declared the said ordinance duly passed and adopted. .
A motion was made by Powers, second by Mayer, to rescind the resolution adopted
by the Common Council on October 18, 1971 which was a resolution pertaining to a pedestrian
bridge on 19fh Street N.W.; all voted in favor.
Resolution-abcep.ting,the-i-ift"and conveyance of the real estate known as the
Plummer House and approving the terms of the lease between the City and the Rochester Art Center
and authorizing the Mayor and City Clerk to execute the said lease. Upon motion by Strain, second
by Powers, and all voting in favor, resolution adopted.
Upon motion by Mayer, second by Strain, and all voting in favor, the meeting was
adjourned to 7:30 o'clock P. M.
President Postier called the meeting to order at 7:30 o'clock P. M., the following
members being present: President Postier, Aldermen Kam per, Larson, Mayer, McNary, Powers, Strain.
Absent: None.
Hearing on.application for a variance to permit a beauty parlot in R-1 District
at 205 loth Streets. E. The recommendation of the Planning & Zoning Commission was that they
found the property is situated in an R-1 District but the residential area is closely bounded
by commercial uses to the south, industrial uses to the west and commercial uses to the north,
the City's adopted Land Use Plan indicated some of this area as being suited for future
industrial use, they feel this area is undergoing a transition from residential use to commercial
and industrial use and on this basis they recommend that this application be granted approval.
Mrs. Harold Hellick the petitioner and owner of the property -at 205 loth St. S. E. was present
and said she planned on only working herself becuase she does not have room for more operators
and only plans on working three days a week. Mrs. Calrence Singfiel of 201 loth St. S. E. the
neighbor to the west of the petitioner spokq in favor of granting the variance. 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 Kamper, that the recommendation of the Planning & Zoning
Commission be accepted and the City Attorney be instructed to prepare the necessary resolution,
that the shop be a one owner shop and stay only with these property owners and granting the
variance be contingent upon the ruling of the City.Attorney; all voted in favor.
Hearing on application for a variance to allow three roomers on property located
at 1220 5th Street S. E. The recommendation of the Planning and Zoning Commission that the
property has a lot area of 5,000 square feet and is situated in the R-1 District that permits
a single family dwelling use and up to two roomers, the variance requested exceeds the density
limits of the Zoning Ordinance and on this basis they recommend that this variance be denied.
Mrs. Violet Wilder the petitioner was present and said she had three roomers and was told she
could only have two so that was the reason she had requested the variance. There was no one
else present wishing to be heard. President Postier declared the hearing officially closed.
A motion was made by Powers, second by Mayer, to approve the petitioned variance and upon roll
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., December 6, 1971
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call Mayer, Powers and Postier voting "aye" and Kamper, Larson, McNary and Strain voting
"nay", the motion was lost and the variance denied (Mrs. Wilder was given until January 4,
1972 to conform).
Hearing on appeal from decision of the Zoning Inspector to allow a" pl
sign at 314 1st Avenue S. W. - The Toadstool. The recommendation of the Planning & Zoning
Commission stated that the sign as installed does not comply with the provisions of the
Zoning Ordinance, the appellant has expressed a willingness to make necessary adjustments
in the sign to bring it into compliance, based on these findings, they recommend that the
appellant be given 60 days in which to bring'the sign into compliance. A letter signed
by Mrs. Philip Richardson, the petitioner, stating that sign had already been moved to
conform with the building and safety codes and therefore it was not necessary to consider
an appeal. There was no one present wishing to be heard. President Postier declared the
hearing officially closed. A motion was made by Larson, second by Mayer, to approve denial
of the appeal; all voted in favor.
Hearing on City Planning Commission initiated zoning districting change on
property located at 711 and 713 2nd Avenue N.W. from the B-la to the R-2 District and from
the R-1 District to the B-la District (Mac"s Grocery). The recommendation of the Planning
and Zoning Commission stating that a drafting error was made in the preparation of the
zonind districting map and the wrong property was zoned a B-la, this district will correct
that error; at the time of adoption of the Zoning Map it was the Council's intention to
designate all existing neighborhood grocery stores as a B-la district and thereofore they
recommend that this change be granted approval. There was no one present wishing to be
heard. President Postier declared the hearing officially closed. A motion was made by
Mayer, second by Strain, to accept the recommendation of the Planning & Zoning Commission
and the City Attorney was instructed to prepare the necessary ordinance.
Hearing on petition to change the zoning districting on Lots 15 and 16 in
Allendale Subdivision from the R-1 District to the B-3 District. The Planning and Zoning
Commission recommended that this petition be granted approval. Mr. Robert Suk, Attorney
for the petitioner was present and urged that the petition be granted approval. There was
no nne else present wishing to be heard. President Postier declared the hearing officiall;
closed. A motion was made by Kamper, second by Strain, that the recommendation of the
Planning & Zoning Commission be accepted and the City Attorney be instructed to prepare
the necessary ordinance; all voted in favor, except Alderman McNary who voted "nay".
Hearing on petition tochange the zoning districting on property located at
1247 15th Avenue S. E. from the R-1 District to the B-lb District. The recommendation of
the Planning and Zoning Commission was that this petition be granted approval. There was
no one present wishing to be heard. President Postier declared the hearing officially
closed. A motion was made by Strain, second by McNary, that the recommendation of the
Planning and Zoning Commission be accepted and the City Attorney be instructed to prepare
the necessary ordinance; all voted in favor.
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., December 6, 1971
Hearing on application to vary the requirements for off street parking to
allow the lot adjacent to the Zick Apartment House to be used for Court House employee
parking. The recommendation of the Planning and Zoning Commission was that the proposed off
street parking area would have to be considered a commercial use in the R-4 District since the
applicant proposes to rent or lease off street parking space to individuals, commercial uses
are not permitted in the R-4 District and based on these findings they recommend that this
application be denied. Mr. Sanford Ward of 11 6th Avenue S. W. and Mr. Waldo Hein owner of
property across from Zick Apartments each spoke in opposition to granting this application.
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 Mayer, that the application be
denied; all voted in favor.
Hearing on petition to change the zoning districting on property located at 227
and 301 14th Avenue S. W. from the B-lb District to the R-1 District. The recommendation of the
Planning and Zoning Commission was that the petition be granted approval. Mr. Richard Blondell
of 219 14th Avenue S. W. was present and said he was not opposed to the change of zoning but in
so doing it would devaluate his property. Mr. Marion Schlief of 227 14th Avenue S. W., one of
the petitioners, urged that this be granted he said it would make a difference in his tax of over
$300.00 as he had been told by the County Assessor. There was some question as to the zone
change making such a great difference in taxes. Also the question of whether the Council
had provision whereby they could waive the restrictions or requirement for setback, or if
this zone change is approved is there some provision that could be put in that $ would not
affect the property or plans of Mr. Blondell, who has plans to constructea hotel -motel type of
operation. 4(fter further discussion a motion was made by Larson, second by Strain, that this be
tabled for two weeks and all voted in favor (The Mayor to meet with the two parties involved
and the County Assessor and try to work out something that would be agreeable with each).
Hearing on petition to change the zoning districting on the East 100 feet of
Lot 5, Block 2, Golden Hill from the R-1 District to the B-3 District. The recommendation of
the Planning and Zoning'Commission was that this change is in accord with the City's adopted
Land Use Plan, that there will be a vertical sandstone cliff along the south and west boundary
of this property and there is such a cliff now on property to the east, of which this property
will be a part, and this presents a potentially dangerous situation that should be protected by
some type of fencing at the top and based on these findings, they recommend that the petition
be granted approval subject to a suitable safety fence being constructed at the top of the
sandstone cliff. Mr. Russ Boraas, Attorney was present and represented the petitioner Lowell
Campbell and urged that `the zone change be granted. Mr. Gus Barbes of 302 - 16th St. S. W. was
present and spoke in behalf of his mother and father, he said they were opposed to the zone
change because of what they felt would be a problem with the traffic and particularly if only
one half of the street was vacated. There was no one else present wishing to be heard.
President Postier declared the hearing officially closed. A motion was made by Kamper, second
by Larson, to proceed and the City Attorney was instructed to prepare the necessary ordinance,
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., December 6, 1971
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assuming that.the property is annexed; all voted in favor.
Hearing on the petition to vacate the East one-half of 3rd Avenue S. W.
adjoining Lots 3 and 4, Block 3, Golden Hill Addition (Lowell Campbell). There was no
one present wishing to be heard. President Postier declared the hearing officially
closed. A motion was made by Larson, second by Powers, to proceed and the.City Attorney
was instructed to prepare the necessary resolution; all voted in favor.
Hearing on final plat of Gateway Addition. There was no one present wishing to
be.heard. President Postier declared the hearing officially closed. A motion was made
by Kamper, second by Strain, to proceed and a resolution approving the said plat was
adopted; all voted in favor, except Aldermen McNary and Powers who abstained.
Resolution approving Rocky Creek Second Mobile Home Park Plan. Upon motion by
Strain, second by Mayer, and all voting in favor, resolution approved.
Resolution designating 1972 street construction projects as "High Priority
Topics Projects" for 3rd AVe. S.E. from T. H. 63 to 16th St. S.E.; 2nd St. S.W. from 13th
Ave. to 16th Ave. S.W.; Cascade Creek Bridge at 4th A enue N.W.; Intersection of "3rd Ave.
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and 4th St. S.E.; intersection of Ilth Avenue and 14th St. N. W.; intersection of llth
Avenue and 5th Street N. W. and intersection of T. H. 63 and 7th Street North. Upon
motion by Kamper, second by Strain, and all voting in favor, resolution adopted.
Resolution vacating east half of 3rd AVenue S. W. between Lots 3 and 4, Block 3
on the east and Lot 5, Block 2 on the west in Golden Hill Addition. Upon motion by Kamper,
second by McNary, and all voting in favor, resolution adopted.
An Ordinance annexing and zoning the East 100 feet of Lot 5, Block 2, Golden
Hill Addition, was given its first reading.
Upon motion by Powers, second by Strain, and all voting in favor, the meeting was
adjourned until 7:30 o'clock P. M. on December 20, 1971.
Ci Clerk
INFORMATION 12/6/71
1. Minutes of Standing Committees 11/29/7;
2. Municipal Court Financial Report - October, 1971
3. Letter from Peoples Natural Gas re notification of Purchased Gas Adjustments
4. Notice has been received from the Public Service Commission that the Chicago
& Northwestern RR's application for the rearrangement, assignment and
revision of agency service has been approved
5. Referred to Planning & Zoning:
a. petition to annex to the City of Rochester approximately 2 acres of
unplatted land in Rochester Township (1245 Marion Road S.E.)
b. petition to rezone the above described property at 1245 Marion Road
S.E. from R-1 to B-lb
c. petition to rezone Lots 1 and 2, Arend Dalsbo Addition from'B-lb to
B-3 (Northgate Shopping Center, Inc.)
6. Letter from Darrel Gustafson re: assessments against Lot #1 Christensen Sehl
308 24th Street N. E. (referred to Public Works Committee)
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