HomeMy WebLinkAbout03-06-1972Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., March 6,. 1972
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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 March 6, 1972.
President Postier called the meeting to order at 2:00 o'clock P. M., the follow-
ing members being present: President Postier, Aldermen Kamper, Larson, Mayer, McNary, Power:
Strain. Absent: None.
Upon motion by Kamper, second by Strain, and all voting in favor, the minutes of
the meetings of February 22nd and 23rd and March 1st and 2nd, 1972 were approved with the
following corrections:
March 1, 1972 - Page 1, line 13 should read President Postier instead of
President DeVries.
March 2, 1972 - Page 1, line 16 should read "the meeting was called to order
again at 11:40 A. M. with all members being present except
Aldermen Strain and Mayer. (Mayer was omitted before).
Upon motion by Larson, second by McNary, and all voting in favor, the Meter
Maintenance Personnel presently under the supervision of the Police Department was transferY
to the supervision of the Traffic Division. (This was recommended by the Committee of the
Whole; the pending remodeling of the garage area into office space at the City Engineer's
office necessitates, at this time, a decision on whether or~not to transfer these personnel;
the transfer of the meter maintenance function would unify all traffic signal maintenance
under the TrafficDivision and would allow the Traffic Engineer greater utilization of
existing personnel, -etc.)
Upon motion by Strain, second by Mayer, and all voting in favor, the City Atto
was instructed to prepare a resolution evidencing the City's approval of a project for flood
control and of its intent and willingness to cooperate with the United States in implementin€
the project; the '1.major provisions of the resolution state:
1. That the City will provide all lands, easements, right-of-way necessary for
construction and operation of the project, without cost to the United States.
2. Hold and waive the U. S. free from damages due to construction works.
3. Maintain the project after completion.
4. Prevent an encroachment on the project.
5. Provide without cost, relocation of buildings, utilities, bridges, roads, etc.
without cost to the T.T.S.
6. Implement and administer flood plain regulations.
7. Favors the Soil Conservation Service system of small headwater reservoirs
and recommends the U.S. Corps of Engineers to modify their plan to include
S.C.S. structures, when such plans are complete.
8. City would consider sharing a portion of the local cost associated with
reservoir development.
9. City intends to obtain legal authority and financial ability to furnish
the required local cooperation
The total estimated cost of the Corps of Engineer's plan is $33,890,000 with the local
participation being apportioned to $513,000 for lands and damages;$3,000 for flood proofing;
road and bridge modification $1,952,000 and utilities $137,000; these costs estimates are
based on.todays constructions prices and may not necessarily represent actual City expendi-
tures requirements at the time of project execution; for example, the City already owns land
adjoining the streams thru the City which would be a credit against the "land and damages10
costand federal or state monies may be available for a portion of the road and bridge
improvement required; these costs will obviously be modified if the plan is adapted to the
Soil Conservation Service system of small headwater reservoirs; nevertheless, either plan
will reggire a substantial cash expenditure once the project commences; in the interim, the
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of the. City of Rochester, Minn., March 6, 1972
City will have to take the necessary steps to obtain the legal authority to finance such
improvements.
Airport Terminal 2nd Level Loading. It appears that the�most feasible method of
financing a second level loading facility at the Rochester Municipal Airport is to obtain an
advance from the Public Utility Board; the preliminary estimate of the total cost if $600,000,
the City would be required to pay 50% of said costs with the other 50% matched by a grant from
the State; Several years age the Airport Company had employed Ellerbe and Company to prepare
preliminary plans for such a facility, these plans were reviewed by the State and believed to
have received at least tacit approval, it is uncertain at this time whether the Sr ate would require
a more extended project in view of the passing time, if the State would require a more extended
project it would appear that the City's financial capability would be limited to the $300,000; the
additional cost of such an extended project would have to be provided by State funds. If the
Council decides to proceed with the project a recommended course of action would be:
1. Request the Utility Board to formally commit themselves to advance asum
of $300,000 against their annual contribution in lieu of taxes to the City.
The annual contribution to the City would be reduced by $30,000 for a period
of ten years.
2. The City would request the Commissioner of Aeronautics to approve a 50%
matching grant, and indicate in the request the amount and availability of
local funds for such a project.
3. Submit the preliminary plans prepared by Ellerbe and Co. for State approval.
4. If State approves grant and preliminary plans prepared by Ellerbe & Co.,
City employ architect of their choice for final plans. If the State requires
an extended project and agrees to finance additional cost, City to employ
architect for preliminary and final plans.
5. City to negotiate with Air Carrier for lease agreement on new facility
extending over ten year period. The financial terms of said lease to fully
cover the sum of the advance from the Utility Board.
6. Advertise for bids to construct facility. Construction could conceivably
begin as early as July 1, 1972 with an estimated six (6) months to complete
The City would not proceed with the project until a financial lease agreement
with Northwest Airlines is accepted by the City Council.
A resolution adopted by the Public Utility Board that the said Board agrees to advance from
Electric funds the sum of $300,000 to the Common Council, repayment to be made by"deductions of
$30,000 from the annual appropriations to the City in lieu of taxes for a period of ten years
and each payment to include interest on the remaining balances at the prevailing interest on the
remaining balances at the prevailing interest rate of long-term government obligations at the date
of the advance was presented. A motion was made by Larson, second byMcNary, that the above
recommendation be approved and the City proceed; all voted in favor.
A motion was made by Strain, second byPowers, and passed unanimously that the
appointment of Miss Carole A. Grimm as Deputy City Clerk effective March 6, 1972 be approved
(the job to be classified at step A of Grade 4 or $530.00 per month).
Recommendation of Public Works Committee that the plans for the improvements on
T. H. 14 (12th St. S.E.) from 1st Ave. S.E. to 15th Ave. S.E. and on 3rd Ave. S.E. from 12th St.
S.E. to llk Street S. E. be approved and the agreement between the State of Minnesota Department
of Highways and City of Rochester on this proposed project be executed. Upon motion by Strain,
second by Kamper, and all voting in favor, the recommendation was accepted and the City Attorney
was instructed to prepare a resolution approving the plans and special provisions and prepare a
Record of Official Proceedings of the- Common Council
of the City of Rochester, Minn., March 69 1972
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resolution authorizing the Mayor and City Clerk to execute said agreement.
Upon motion by Larson, second by Mayer, and all voting in favor, a hearing was
ordered to be held on April 17, 1972 on the proposed intersection improvements at 3rd
Avenue and 4th Street S. E., 3rd Avenue and 9th Street S. E. and llth Avenue and 5th Street
N. W.
Upon motion by Kamper, second by Powers, and all voting in favor., the City
parking
Attorney was instructed to prepare a resolution establishing a 2-hour/limit on the west
side of 5th Avenue S. W. from 3rd Street to the east -west alley between 2nd and.3rd Street
between the hours of 8:00 A. M. and 6:00 P. M. on Monday through Saturday.
Upon motion by Strain, second by Larson, and all voting in favor, resolutions
were adopted receiving preliminary report, ordering a public hearing and directing pre-
paration of plans specifications for New Sidewalk Projects #1-1972, #2-1972, #3-1972,
#4-1972, #5-1972 and #6-1972.
Upon motion by Larson, second by Strain, and all voting in favor, the City
Attorney was instructed to prepare a resolution requesting the Commissioner of Highways tol
recommend to the Federal Highway Administration the solution of the roads and streets
hereinafter described as a part of the Primary Type II System of urban roads and streets
eligible to receive Federal Aid;
1. 37th Street N. W. from U. S. #52 to U. S. #63
2. Elton Hills Drive from U. S. #52 to U. S. #63
3. llth Ave. N. W. from Elton Hills Drive to 2nd Street S.W.
4. 14th Street-13th Street N. W. from llth Ave.N.W. to N Broadway (L1.S. #63)
5. Valleyhigh Drive from 7th St. N. W. to 19th St. N. W.
6. 7th St. N. W.-N.E. from Valleyhigh Drive to llth Ave. N.E.
7. 4th Ave. S.W.-N.W. from 6th St. S.W. to 1st St. N. W.
8. 4th Ave.-3rd Ave. N.W. from 5th St. N.W. to -Elton Hills Drive
9. 16th Ave. S.W.-N.W. from 2nd St. S.W. to 5th St. N. W.
10. 6th Ave. S.W.-N.W. from 6th St. S..W. to 7th St. N.W.
11. 3rd Ave. S.W.-N.W. from 6th St. S.W. to 2nd St. N.W.
12. 1st Ave. S.W.-N.W. from S Broadway (U.S. #63) to N Broadway (U.S.. #63)
13. 1st Ave. S.E.-N.E. from S Broadway (U.S. #63) to N Broadway (U.S. #63)
14. 3-f7d Ave.-2nd Ave. S.E.-N.E. from S Broadway (U.S.#63) to N Broadway(U.S.#63)
15. llth Ave. S.E.-N.E. from 4th St. S.E. to 4th St. N.E.
16. 13th Ave.-15th Ave. S.E. from 4th St. S.E. to U. S. #14
17. 2nd St. N. W. from 4th Ave. to 3rd Ave.
18. 2nd-St. N.E. from N Broadway to 2nd Ave. N.E.
19. 1st St. N.E. from N Broadway to 2nd Ave. N.E.
20. Center St. from 4th Ave. West to 2nd Ave. East
21. 2nd St. S.E. from S Broadway to 2nd Ave. East
22. 4th St. S.W. from 4th Ave. S.W. to S Broadway
•23. 6th St. S.W.-S.E. from U.S. #52 to 15th Ave. S.E.
24. 16th St. S.W.-S.E. from CSAH 25 (Salem Rd) to CSAHI (llth AVe. S.E.)
Upon motion by Kamper, second by Larson, and all voting in favor, two resoluti
were adopted (a) approving and accepting assignment of $675,000 additional -securities in
lieu of a depository bond from Northwestern National Bank and (2) approving and accepting
assignment of substituted securities from the Olmsted County Bank and Trust Company
($500,000) .
Upon motion by Kamper, second by Mayer, and all voting in favor, a resolution
was adopted authorizing and directing the City Clerk to advertise for sealed proposals
for furnishing six 4-door sedans for the Police Department.
Recommendation of City Planning and Zoning Commission that the Council initiate
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Record of Official Proceedings of the Common Council
of. the. City of Rochester, Minn., March 6, 1972
annexation of the Longfellow School, DeWitt, Pervin and Lampland Properties all in Section 7,
Marion Township (these lands are completely surrounded by the city limits and the Commission
recommends annexation); that the Frances E. DeWitt property and Phillip W. DeWitt property be
designated as Rural Service District; and that parcels A, B, C, D and E be designated an R-3
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District in accordance with the City's Adopted Land Use Plan and that Parcel Fi be designated
a B-lb District.. Upon motion by Strain, second by Powers, and all voting in favor, the
recommendation was approved and the City Attorney was instructed to prepare the necessary
ordinances.
Bids for equipment for use in,the City Engineer.'s and Street &Alley Departments.
A motion was made by Larson, second by Kamper, that the low bid of Selby Truck
Sales in the amount of $2,750.00 for one 3/4 ton pickup truck be accepted; all voted in favor.
A.motion.was made by Strain, second by Powers, that the low bid of L.L. Dewey Co.
in the amount of $4,620.00 for furnishing four 4-5 cubic yard,dump boxes be accepted, all voted
in favor.
Armotion was made by Kamper, second by Strain, that the low bid of Selby Truck
Sales for furnishing four 25,500 GVW chassis in the amount of $22,000.00 be accepted, all voted
favor.
Upon motion by Larson, second by Strain, and all voting in favor, the matter of
accepting bids for one street sweeperwas brought. up for discussion. A letter from Hall
Equipment Company stating reasons why they felt their bid should be accepted was read, their
bid was in the amount of $12,282.00 as compared to the low bid of Hayden Murphy Equipment Co.
in the amount of $11,450.00, Mr. Holland of Hall Equipment Company was present. A motion was
made by Larson, second by, Strain, that this matter be tabled for one half hour and in the
meantime Mr.. Mark Gray, Maintenance Engineer was to be contacted to come to the meeting; all
voted in favor.
A motion was made by Larson, second by Strain, that the low bid of Halvorson, Inc.
in the amount of $8,8,69..00 for a sidewalk snowplow be accepted. Discussion was held
on receiving only one bid and also on whether maybe jeeps or some other kind oaf equipment could
not be used effectively. Alderman Strain withdrew, his second to, the motion. The motion of
Alderman Larson was then declared lost for want of a .second.. A motion was then made by Mayer,
second by Larson, that this be sent back,to°the Public Works Committee for further study, all
voted in favor.
A motion was made by Strain, second by Powers, that the low bid of Interstate
GMC in the amount of $7,200.00 for two suburban type wagons be -accepted, all voted in favor.
Recommendation of Planning and Zoning Commission that the reggest to store and
rent vehicles at the Northgate 66 Station at llth Avenue and 5th Street N. W. in the B-lb
District be approved subject to (1) the screen fence to the west be repaired and maintained in
a good condition at all times,,and it be extended north to the south line of 5th Street N. W.
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Record of Official Proceedings of the -Common Council
of the City of Rochester, Minn., March 6. 1972
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and south to the north line of 4k Street N. W. and (2) no vehicles be parked in the reqqired
front Ward that must be maintained along 42 Street N. W. A letter from Thomas Godsill of
1117 - 4z St.N. W. stating that he had no objections to trailer rental and display at this
service station but did object to trucks being'dispieyed there was -,read. The City Ordinance
requires that all display of eqqipment be in a closed building and that was the reason for
this request. A motion was made by Strain, second by McNary, that this request be denied and
all voted in favor, except Alderman Kamper who voted "nay".
Recommendation of Planning and Zoning Commission that the lot frontage
requirement of the Zoning Ordinance be modified according to the standards established in
Paragraph 52.03 of Ordinande No. 1296 so Outlot 1, Riess' 2nd Subdivision can be further
divided into two lots (N. W. corner 5th Street N. E. and 9th Avenue N. E.). Upon motion by
Strain, second by Powers, and all voting in favor, the recommendation was accepted and the
request be approved.
Upon motion by Larson, second by Kamper, the matter of accepting bids on a
street sweeper was taken off -the table; all voted in -favor.- Mr. Holland of Hall Equipment
Company was again heard and showed the comparison of their machine to the low one bid. Mr.
Mark Gray, City Maintenance Engineer, was also present and said he felt the machine with the
low bidder was adequate for their work and they had had no problems. After•a lengthy
discussion a motion was made by Strain, second byKamper, that the low bid of Hayden Murphy
Eqqipment Company in the amount of $11,450e00 for one street sweeper be accepted; all voted
in favor thereof except Aldermen Mayer, McNary and Postier who voted "nay".
Resolution approving the Maintenance Agreement for the calendar year of 1972
between the City of Rochester and the County of Olmsted and authorizing the Mayor and City
Clerk to execute same. Upon motion by Mayer, second by Kamper•, and all voting in -favor,
resolution adopted.
Resolution approving•agreement between the State of Minnesota and the City of
Rochester concerning the cost, maintenance and -operation of revising traffic signals at the
intersections of T. H. 14 (12th St: S.E.) with 3rd Ave. S.E., 8th Avenue S.E. and llth Ave.
S. E. and directing Mayor and City Clerk to sign same. Upon motion by Larson, second by
Mayer, and all voting in favor, resolution adopted.
Resolution evidencing approval of Corps of Engineers proposed Flood Control
Project. Upon motion by Strain, second by Powers, and all voting in favor, resolution adopted
Resolution approving Cooperative Construction and Agency Agreement No. 57051
between the Minnesota Highway Department and the City of Rochester concerning T. H. 14
subject to modifications by City Attorney in regard to liability
improvements and 3rd Avenue -Southeast widening and Supplement No. to said agreement/and
authorizing Mayor and City Clerk to sign said -agreement. Upon motion by Strain, second by
Mayer, and all voting in favor, resolution adopted.
Resolution approving plans and special provisions improvement to T. H. No.'14
on Federal and System Route No. F 007-3 which is tonbidered to be a high priority project for
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Record of Official Proceedings of the Common Council
of. the City of Rochester, Minn., March 6, 1972
purpose of increasing capacity and safety within the corporate limits of the City of
Rochester from 1st Avenue S. E. to 15th Avenue S. E. Upon motion by Larson, second by Mayer,
and all voting in favor, resolution adopted.
Resolution amending the parking resolution as follows:
Section H, Limited Parking Zone, Zone E, Paragraph (9) is amended in its
entirety to read as follows:
"(9) Fifth Avenue Southwest on the west side of the street between
Second Street and Third Street between the hours of 8:00 A. M. and
6:00 P. M. on Monday through Saturday.
Upon motion by Powers, second by Kamper, and all voting in favor, resolution adopted.
An Ordinance rezoning Doughboy Property from R-1 to R-3 and B-lb (L.Lampland)
was given its first reading.
An Ordinance rezoning property at 618 and 620 First Street S. W. from R-4
to Bla (Marquardt Property) was given its first reading.
An Ordinance rezoning portions of Lot 17, Allendale Subdivision from R-1
to R-3 and B-3 District (H. Brevig) 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 Section 12, Township 106 North, Range 14
West, Olmsted County, Minnesota and establishing the zoning therefor (Mitchell property at
1245 Marion Road S. E.) was given its second reading. A motion was made by Strain, second by
Mayer, that the said ordinance be adopted as read and all voting in favor, President Postier
declared the said ordinance duly passed and adopted.
An Ordinance annexing to the City of Rochester, Minnesota certain unplatted
land not exceeding 200 acres in area, all being in Section 12, Township 106 North, Range 14
West, Olmsted County, Minnesota and establishing the zoning therefor (Della Spornitz, Phil's
Fix All at 1249 15th Avenue S. E.) was given its second reading. A motion was made by Kamper,
second by Larson, that the said ordinance be adopted as read and all voting.in favor, President
Postier declared the said ordinance duly passed and adopted.
An Ordinance regulating to Subdivision Regulations and the platting of
property, amending Rochester Code of.Ordinances Sections.41JO0, 41.103 and.41.203, was
given its second reading. A motion was made by Strain, second by Kamper, that the said
ordinance be adopted as read and all 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 ( changing Lot 1 of Auditor's Plat D and Lots 1 and 2,
Ahrens Dalsbo Addition to the B-3 General Business District - P. Y. Barrett) was given
its second reading. A motion.was made by Kamper, 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.
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., March 6, 1972
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A motion was made by Strain, second by Kamper, that the 1971-76 Capital Program
be adopted subject to the deletion of the $3.5 million in bonds for Public Buildings
scheduled for 1973 and instructing the City Attorney to prepare the necessary resolution;
all voted in favor.
The Mayor's veto of a resolution calling for the hiring of an engineering firm
for engineering services on three intersections (Third Avenue and Fourth Street S.E.;
llth Avenue and 14th Street N. W. and llth Avenue and 5th Street N. W.) was read. No
action was taken, so -the veto was upheld.
Upon motion by Powers, second by Mayer, and all voting in favor, the meeting
was adjourned until 7:30 o'clock P. M.
The meeting was called to order again at 7:30 o'clock P. M., the following
members being present: President Postier, Aldermen Kamper, Larson, Mayer, McNary, Powers,)
• Strain. Absent: None.
Hearing on proposed -assessment -for concrete sidewalk on the south side of loth
Street S.E. from 15th Avenue S. E. to west 458.52 feet (Welles Shopping Center). There was
no one present wishing to be heard. President Postier declared the hearing officially
closed. A motion was made by Strain, second by Mayer, that a resolution levying assess-
ments for sidewalk on the south side of.10th St. S.E. from 15th Ave. to 458.52 feet west
be adopted; all voted in favor.
Hearing on application for a variance to change the face of an existing sign
that is located in the public right-of-way on property located at 102 North Broadway. The
recommendation of the Planning and Zoning Commission was that this variance be denied.
Mr. Chuck Hickey of 4121 5th Place N. W. said he had a short time lease and would like
to change the now existing General Tire sign to B. F.•Goodrich Tire which is the type of
tire he sells, he said he went in there November l§t on a 6 months lease and that would
soon be up and he was trying to get another lease for a longer period, or also the option
to buy and if he could get a longer term lease he would be willing to put the sign where
it belongs. There was no one else present wishing to be heard. President Postier
declared the hearing officially closed. A motion was made by McNary, second by Powers,
that the variance be granted until November 1, 1972 and then•be•terminated and the City
Attorney be instructed to prepare the necessary resolution; all voted in favor.
Hearing on application to vary the lot frontage on property located at 1832 -
1st Avenue S. E. owned by Carl and Ruth Riser. The recommendation of the Planning and
Zoning Commission was that there are two separate dwellings situated on this one parcel '
of land and the owner wishes to divide the land so he has two saleable parcels of land
each with its own dwelling on it; the proposed lot split would leave the proper lot area'
and front side and rear yard spaces as required and recommend that the variance be granted
Mr.Carl Riser was present and urged that the Council grant this variance. There was no
one else present wishing to be heard. President Postier declared the hearing officially
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of the City. of. Rochester, Minn., March 6, 1972
closed. A motion was made by Mayer, second by Strain, that the variance be granted and the
City Attorney be instructed to prepare the necessary resolution; all voted in favor.
Continued hearing on proposed amendments to Zoning Ordinance for the City of
Rochester. This hearing was continued from December 20, 1971 to allow'time to work out an
agreement with the sign contractors who opposed some of the provisions in the proposed
ordinance. The Committee of the Whole recommended that the sign regulations , as proposed by
sign contractors, be incorporated into the Zoning Ordinance with the following modifications:
1. No advertising wall signs would be allowed in B-2, B-3, M-1 and M-2
districts, although business wall signs are allowed.
2. No projecting signs shall be allowed. These are to be amortized over a
5 year period.
3. Roof signs advertising the principal business of the building on which
they are erected shall be allowed, but advertising roof signs shall not
be allowed.
Mr. Emrold Thiem member of Voegle Outdoor Advertising was present and said they had gotten
some of their differences ironed out and still had a few but would still be meeting.on them.
There was no one else present wishing to be heard. President Postier declared the hearing
officially.closed. A motion was made by Larson, second by McNary, that the City Attorney be
instructed to draft the necessary ordinance, all voted in favor.
A motion was made by McNary, second by Larson, and passed unanimously, that
the semi-monthly bills.in the amount of,$95,381.01, list attached, be approved.
A motion was made by Larson, second by Powers, to accept the Topics Plan and
Report on Study Areas I & II and proceed with the plans and instruct the City Attorney to
prepare the necessary resolution; all voted in favor.
Resolution approving conveyance of a nonexclusive permanent easement for access
purposes by the City to Robert Woodhouse and Loren Woodhouse by instrument and authorizing
Mayor and City Clerk to execute same._ Upon motion by Larson, second by Mayer, and all voting
in favor, resolution adopted.
Resolution approving "Capital Program 1972-77 for City of Rochester subject to
deletion of $3,500,000 in bonds for public buildings scheduled for 1973. Upon motion by
Strain, second by Kamper, and all voting in favor, resolution adopted.
Upon motion by Larson, second by Mayer, and all voting in favor, the meeting
was adjourned until 3:00 P. M. on March 15, 1972.
Ci# Clerk
INFORMATION 3/6/72
1. Minutes of Standing Committees 2/28/72
2. Letter from Gerald Prince of 705 28th Street N. W. re faulty sidewalk
construction (referred to Engineer)
3. Letter from MHD re reduction of speed limits on Elton Hills Drive
4. Referred to Planning and Zoning
(a) petition to annex 31.15 acres of unplatted land in Cascade
Township to the City (Stanley Guth -Builders Land Co.)
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