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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., January 3, 1972
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Recommendation of Public Works Committee that a local improvement project without
petition be initiated by Council for "street improvements on 16th Street S. W. from T. H. # 63
to West line of Graham Addition". Upon motion by Strain, second by Powers, and all present
voting in favor, the recommendation was accepted and a resolution was adopted referring the
proposed improvement for feasibility report and recommendation to_the City Engineer and the
Public Works Committee.
Upon motion by Strain, second by Kamper, and all present voting in favor, the City
Attorney was instructed to prepare a resolution authorizing and directing the Mayor and City
Clerk to execute the license agreement between the City and Chicago and N. W. Railroad Company
permitting the City to install and maintain storm sewer mains in the right of way and under the
tracks of the railroad at the new 9th Street S. E. grade crossing.
Upon motion by Powers, second by Strain, and all present voting in favor, the City
Attorney was instructed to prepare a.resolution authorizing and directing the Mayor and City
Clerk to execute the license agreement between the City and Chicago and N. W. Railroad Company
permitting the City to install and maintain storm sewer on R.R. right of way adjacent to 2nd
Avenue N. W., the R.R. permit covers only the portion of the pipe which extends into the R.R.
right of way beyond the street right of way, this is the 2nd Avenue N. E. project between 2nd
Street and 4th Street N. E. scheduled for construction in 1972.
Recommendation of City Engineer -Traffic Division that the request of Maile's Guest
Home at 17 3rd Avenue N. W. for a loading zone be approved. Upon motion by Strain, second by
Powers, and all present voting in favor, the same was approved and the City Attorney was
instructed to prepare the necessary resolution.
Upon motion by Kamper, second by Powers, and all present voting in favor, the bid
tabulations for sanitary sewer, watermain'and storm sewer in Apache Drive abutting Lots 1, a
and 9, Block 2 in Apache Mall'Shopping Center Subdivision and watermain extension from 22nd St.
N. E. at loth Avenue N. E.'to Northern Hills Drive be tabled until the evening meeting.
Upon motion by McNary, second by Kamper, and all present voting in favor, a
resolution was adopted depositories for the year 1972 (Olmsted County Bank and Trust Company
in sums not to exceed the aggregate amount of two million seven hundred sixty seven thousand
dollars at any one time; First National Bank of Rochester sums not exceed the agreegate amount
of two million ninety five thousand dollars at any one time; Northewestern National'Bank of
(Rochester sums not to exceed the aggregate amount of three million six hundred thirty three
thousand dollars at any one time and Rochester State Bank of Rochester sums not to exceed the
aggregate amount of one million dollars at any one time).
Upon motion by McNary, second by Strain,,and all present voting in favor, the
following requests for approval to carry over more than 40 hours compensatory time into the
next fiscal year were approved:
Park Division
Walter G asenapp 260.1
Alvin Hein 9.9
Lloyd Parkin 41.2
Charles Woodworth 113.4
Auditorium Golf En ineers
Dale Haug —"28.1 Henry Oe�fler=Rbc ar wenke
Malcolm McDaniel 4 94 50
Ed Schwanke 2 Leon20ra King Fre3Lidtke
Warren Throndson 39 Jim Bartels Keith Vreeman
Earl Kraling 1.1 144.2 50
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Record of Official Proceedings of the ' Common Council
of the City of Rochester, Minn., January 3, 1972
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Recommendation of Personnel Advisory Committee that the last two steps in
the vacation schedule be revised to read: 17-21 years 20 days; 22-24 years 21 days;
and 25+ years 25 days; this change to be effective 4-1-72. They also recommend that
the number of days of injury -on -duty pay.a fireman or a policeman is entitled to per
incident be increased from 60 to 120 effective 1-1-72. Upon motion by McNary, second by
Strain, and all present voting in favor, the recommendation was accepted and the City
Attorney was instructed to prepare the necessary resolution amending the work policy.
Recommendation of Personnal Advisory Committee that the in town mileage
allowance be increased to'l2q, from the present 11c. Upon motion by McNary, second by
Powers, and all present voting in favor, the recommendation was accepted and the City
Attorney was instructed to prepare the necessary resolution.
Recommendation of Planning and Zoning Commission that the petition to annex
property located at 1245 Marion Road S. E. be granted approval (James and Mildred
Mitchell). Upon motion by Strain, second by Kamper, and all present voting in favor,
the recommendation was approved and the City Attorney was instructed to prepare an.
ordinance annexing the said land.
Upon motion by McNary, second by,Strain, and all present voting in favor,
the approval of the semi monthly bills was tabled until the evening meeting.
Recommendation of Public Safety Committee that the City of Rochester adopt
the 1971 edition of the National Electric*Code, such code will be adopted by the State
on or about the 1st of January, however, it will not supercede the Cities existing code
until July 1, 1972. In order to permit the use of several new approved materials the
Building & Safety Department is recommending adoption of4the new code as*soon as possibl(
There are, however, two existing provisions which should be kept until final consider-
ation of such has been given by the*State Board of Electricity and they are (1) all
services shall have one single main disconnect when mounted inside the building and (2)
all inside wiring other than single family dwellings and duplexes shall be wired in an
approved type of raceway; the National Electrical Code has been discussed in meetings
with the local electrical contractors. Upon motion by Powers, second by Strain, and all
present voting in favor, the City Attorney was instructed to prepare the necessary
ordinance.
Alderman Mayer arrived at 2:30 P. M.
Resolution granting a variance as io the.premises at 524 llth Avenue N. W.
(Lot 14, Block 3, Conley's Addition) to the extent necessary to permit the construction
of an addition onto the existing building projecting into the rear yard. Upon motion
by McNary, second by Kamper, and all present voting in favor, resolution adopted.
Resolution authorizing City Engineer to request and obtain needed engineer-
ing and technical services during 1972 from the Minnesota Department of Highways. Upon
motion by Kamper, second by Powers, and all present,voting in favor, resolution adopted.
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., January 3, 1972
An Ordinance rezoning certain property and amending the Zoning Ordinance of the
City of Rochester (Robert Conway property in Marion Township from R-1 to R-3 District) was
given its first reading.
An Ordinance amending Ordinance No. 1466 establishing within the City of Rochester
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an Urban Service District and a Rural Service District as separate taxing districts by
adding Section 10 to read as follows, was given its first reading:
Section 10. Rural Service Districts; Platted Land. Notwithstanding
the provisions'of Sections 3, 4 and 7 of this ordinance, a rural service
district may include platted parcels of land which the common council
determines to be rural in characteeand not developed for urban
residential, commercial, or industrial purposes. The common council
shall annually review the tax ratio applicable to such platted parcels
as determined under Section 6 of this ordinance, and shall annually
review the status of all such platted parcels to determine whether such
parcels continue to qualify for inclusion in the rural service'district.
Upon motion by McNary, second by Powers, and all present voting in favor, the meeting
was recessed at 2:30 P. M. The meeting was called to order again at 3:00 P. M. with all
members except President Postier being present.
Richard Ehrick, Attorney was present in behalf of the members of the Fire
Department and informed the Council that he was going to make a motion to intervene on behalf
of the Fire Fighters in the Case of the Police Benevolent Association, etal and the City of
Rochester, etal.
Upon motion by McNary, second by Powers, and all present voting in favor, the
meeting was adjourned until 7:30 o'clock P. M.
President Postier called the meeting to order at 7:30 o'clock P. M. with the
following members being present: President Postier, Aldermen Kamper, Larson, Mayer, McNary,
Powers, Strain. Absent: None.
Hearing on watermain extension from 22nd Street N. E. at loth Avenue N. E. to
Northern Hills Drive N. E. There was no one present wishing to be heard. President Postbr
declared the hearing officially closed. A motion was made by Mayer, second by Strain, to
proceed with the project and a resolution was adopted ordering the improvement to be made and
designating the engineer.
Hearing on sanitary sewer, watermain and storm sewer to Lots 1, 2 and 9, Block 2,
Apache Mall Shopping Center Subdivision. There was no one present wishing to be heard.
President Postier declared the hearing officially closed. A motion was made by Powers, second
by Kamper, to proceed with the project and a resolution was adopted ordering the improvement
to be made and designating the engineer.
Hearing on Sewer and Water Extension to Conway Property and other lands along
T.-H. 52 S. E. Mr. William Price, Attorney was present in behalf of Robert Conway and urged
that the extension be done, he said his client had plans for construction multiple dwellings
of some sort out here and he also said that Mr. Conway had indicated that if the sewer and
water were extended out here he would develop the additional 20 acres out here and thereby
pay more of the proposed assessments. Mr. John Pervin of 1504 Valleyhigh Drive, the owner
of property in this area was also present and spoke in favor. Mr. Phil DeWitt of 1555 Marion
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247
Record of Official Proceedings of . the Common Council
of the City of. Rochester, Minn., January 3, 1972
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Road S. E. was also present and spoke in favor. There was no one else present wishing to
be heard. President Postier declared the hearing officially closed. Alderman Larson
moved that the improvement be denied, his motion was lost for want of a second. A motion
was then made by Strain, second by Powers, that this be referred back to the Public Works
Committee for further study; all voted in favor.
Hearing on Establishment of -a Housing and Redevelopment Authority. Mr. Berdine
Erickson of 1420 East Center Street spoke in favor in behalf of the Community Challenge
Committee, the Community Services Coordinating Committee, the Rochester Central Labor Union,'.
the Zumbro Lutheran Church and himself; Mrs.Catherine Schultz spoke in favor in behalf of
the League of Women Voters; Carl Beilke spoke in favor on behalf of the American Association)
of Retired Persons; Mr. Joe W6 is of 1224 20th Street N. W. President of the Chamber of
Commerce spoke in favor; Mr. Charles Bethel of 1256 17th Avenue N. W. speaking for the
Rochester Building & Trades in favor, were all heard. There was no one else present wishing
to be heard. President Postier declared the hearing.officially closed. A motion was made
by McNary to'A4roceed with the resolution declaring the need for a Housing and Rdevelopment
Authority to operate in the City of Rochester, Powers seconded the motion and all voted in
favor.
A motion was made by Kamper, second by Mayer, and passed Unanimously, to remove
from the table the item for approval of the bills. A motion was then made by Mayer, second
by Powers, and passed unanimously that the semi-monthly bills, list attached, in the amount
of $300,133.20 be approved.
A motion was made by Larson, second by Kamper, and passed unanimously, to
remove from the table the bid tabulations for local improvement projects. The following
bids were received and tabulated:
Watermain extension from 22nd
St. N.E. at loth Avenue N. E. to
Northern Hills Drive N.E.
Sanitary Sewer, watermain and
storm sewer in Apache Drive
abutting Lots 1,2',9,Block 2
Apache Mall Shopping Center Sub.
Riverside Sand &
Gravel Co.
27,736.60*
11,314.20
Fraser Company,
Inc.
30,896.55
10,936.20*
Floyd Larson
Construction Co.
34,434.50
12,871.00
Upon motion by McNary, second by Kamper, and all voting in favor, two resolutions were
adopted accepting the low bids (a) resolution accepting bid of Riverside Sand & Gravel Co.
for watermain extension from 22nd St. N.W. at loth Ave. N.E. to Northern Hills Drive and
(b) resolution accepting bid of Fraser Company, Inc. for sanitary sewer, watermain and storm
sewer in Apache Drive.
A motion was made by Strain, second by -Powers, instructing the City Attorney to
proceed with a motion for amended findings of fact conclusions of law and a new trial in thel
matter of the Judge's opinion in the case of the City of Rochester vs Rochester Police
Benevolent Assn. etal., all voted in favor except Alderman Larson who voted "nay".
Resolution declaring the need for a Housing and Redevelopment Authority in
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Record of Official Proceedings of the' Common"Council
of the City of Rochester, Minn., January 3, 1972
Rochester, Minnesota. A motion was made by'Larson, second by Powers, that the said resolution
be adopted as read and *upon roll call and all voting "aye", President Postier declared the
said resolution duly passed and adopted.
Resolution approving license agreement between the City of Rochester and the
Chicago and North Western Railway Company permitting the City to install and maintain storm
sewer mains on the right of way and under the tracks of said company at the new 9th Street
Southeast grade crossing and authorizing the Mayor and City Clerk to execute same. Upon
motion by Powers, second by Strain, and all voting in favor, resolution adopted.
Resolution approving license agreement between the City of Rochester and the
Chicago and North Western Railway Company permitting the City to install and maintain
storm sewer mains on the right way and under the tracks of said company adjacent to
Second Avenue N. E. and authorizing the Mayor and -City Clerk to execute same. Upon motion by
Powers, second by Strain, and all voting in favor, resolution adopted.
Resolution granting conditional use permit to permit the construction of a two
dwelling at 524 14th Street N. E. (Lot 1, Leitzen's Third Subdivision). Upon motion by
Larson, second by Kamper, and all voting in favor, resolution adopted.
Resolution approving Public Utility Board resolution establishing salaries and
benefits for various positions in Electric Department, Water Department, Secretary's Office
and Classified positions. Upon motion by Larson, second by Strain, and all voting in favor,
resolution adopted.
Resolution increasing mileage allowance for use of employees cars on city business
while driving within the City from 11C to 12(,k per mile dfective January 1, 1972. Upon motion
by Kamper, second by Powers, and all voting in favor, resolution adopted.
Resolution amending the Employment Policy of the City of Rochester, as follows:
Amend Section 9 (b) (1) by striking the last two linesappearing under the headings
indicated below:
Time Worked Prior to April 1st Vacation Allowed
17 - 24 years 20 wbrk'days
25+ year's 25 work days
and inserting in lieu thereof under the above columns the following:
17 - 21 years 20 days
22 - 24 years 21 days
25+ year's 25 days
The above amendment shall be effective April 1, 1972.
Amend Section 18 entitled Injury -On -Duty Pay, in part, by striking the following
sentence thereof:
"Firemen and policemen shall receive up to 60 calendar days."
and inserting in lieu of the above sentence the following:
"Firemen and policemen shall receive up to 120 calendar days."
this amendment shall be effective January 1, 1972.
Upon motion by Larson, second by McNary, and all voting in favor, resolution adopted.
Resolution amending the parking resolution as follows:
Section E, Passenger Loading ,Zones, is hereby amended by adding
thereto Paragraph (59.5) to read in its entirety as follows:
"(59.5) Third Avenue Northwest on the west side of the
street 40 feet more or less in front of the premises
known as 17 3rd Avenue N.W. (Maile's Guest Home)."
Upon motion by Strain, second by Powers, and all voting in favor, resolution adopted.
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Record of Official Proceedings of the Common Council 249
of the City of Rochester, Minn., January 3. 1972
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An Ordinance relating to unfair discriminatory practices, designating the
Rochester Human Rights Commission as the successor of the Community Relations Commission,
and changing the membership thereof; amending RCO 220.220, 220.050, 220.100, 220.110 and
220.120, was given its first reading.
An Ordinance annexing to the City of Rochester, Minnesota certain unplatted land
not exceeding 200 acres in area, all being in Sections 15 and 16, Township 107 North, Range
14 West, Olmsted County, Minnesota and establishing the zoning therefore, was given its
first reading.
• An Ordinance relating to intoxicating liquors and the issuance of licenses
therefor; amending Rochester Code of Ordinances Section 160.010 (provided that any hotel
as herein described licensed for the first time after December 1, 1970 shall have not less
than 100 guest rooms and a dining room having a capacity to seat not less than 100 guests)
was given its first reading.
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, was given its second reading. A motion was
made by Strain, second by McNary, that the said ordinance be adopted as read and all voti
in favor, President Postier declared the said ordinance duly passed and adopted.
Resolution authorizing the Mayor and City Clerk to sign Ski Hill lease between
Mayo Foundation and City of Rochester. Upon motion by Kamper, second by Mayer, and all
voting in favor except Aldermen McNary and Powers who abstained, resolution adopted.
Upon motion by Powers, second by Strain, and all voting in favor, the meeting
was adjourned to 7:30 o'clock P. M. on January 17, 1972.
Ci Clerk
INFORMATION 1/3/72
1. Minutes of standing committees 12/27/71
2. Claim for Injury - Robert H. Kidrowski of 218 16th Avenue S.E.
(referred to Attorney, Insurance, Police Department)
3. Notice of Damage - Miss Eleanor Hanf of 127 13th Ave. N.W.
(referred to Attorney, Insurance, Police Department)
4. Letter from Tom Moore re Proposed Amendments to City's Zoning
Ordinance (copies previously submitted)
5. Referred to Planning and Zoning:
a. application of Rural Service Classification on parcels # 31204 and
# 31203 Cascade Township (Carpenter & Grieve)
b. petition to rezone the South 100 feet of Lot 17, Allendale
Subdivision from R-1 to B-3 (Harold Brevig)
c. application for a variance at 1225 North Broadway Shell Oil
Co. - S. E. Johnson) ^
6. Letter from Minnesota Highway Department re speed soning on 16th Street
S.E. and on Elton Hills Drive
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