HomeMy WebLinkAbout05-01-1972324. Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., May 1, 1972
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 May 1, 1972.
.President Postier called the meeting to order at 2:00 o'clock P. M. the following
members being present: President Postier, Aldermen Kamper, Larson, Mayer, McNary, Powers,
Strain. Absent: None.
Upon motion by Larson, second by Mayer, and all voting in favor, the minutes of
the meetings of April 3, 1972 and April 17, 1972 were approved with the following correction:
"At the April 3, 1972 meeting on page 11, line 7, the hearing on New
Sidewalk Project #1-1972 - Archie Holmes of 2703 5th Avenue N. W.
spoke in favor of the sidewalk, instead of in opposition as 'shown." •
Mr. Wayne Fieck of 1102 llth Avenue N.E. was present as the representative of
the Rochester Walk for Development which is to be held on May 6, 1972. He outlined the program
and requested that the Council endorse there program or even perhaps have a representative
partake. A motion was made by Larson, second by Kamper, approving and endorsing the walk
for development; all voted in favor.
President Postier thanked Mrs. James Ranweiler, representative of the A.A.U.W,
for attending the Council meetings for the past two years.
Mayor Day presented a Certificate of Merit and a Key to the City to the former
Judge of Municipal Court, William S. LaPlante who served in that capacity for the past thimeen
years.
Upon motion by Strain, second by Powers, and all voting in favor, the following
applications for licenses were approved and the City Clerk was instructed to issue the said
licenses: Cigarette License - Finseth Golden Hill Sinclair, Lynn's Cafe and Colony Inn Motel,;
General Refuse Collector License - Rochester Refuse Control (2 vehicles); renewal of Moving
Picture Licenses for Outdoor Drive In Theatre; Chateau Theatre; Oakview Theatre; Lawler Theatre;
Time Theatre; Cinema.21.
Request of Engineering Department that the lease agreement with Kenneth Wilder
to farm the Locoshonas farm for 1972, he was the farm tenant in 1971; the agreement is for
$13 per acre for 190 acres, $2470 payble (1/3) or $824 on May 15, 1972 and the balance (2/3) .
$1646 on December 1, 1972; the operator agrees to fertilize the tillable land now or spray
weeds and not to sublet any part, the City reserves the right of free entry to construct and
maintain a 50' roadway and if damage to ,operators crops to pay at the rate of $50 per acre;
the operator is given the first right of regusal to lease the premises for 1973. Question was
raised on the rent per acre and the payment of $50 per acre for damage to crops. Upon motion
by Strain, second by Mayer, and all voting in favor, the lease agreement was approved subject
to the Public Works Committee looking into the two above items and recommending on same, the
Public Works Committee given power to act.
Recommendation of Public Works Committee that the proposal for engineering
services of McGhie & Betts for local improvements in Elton Hills East 9th and loth Subdivisions
be approved. Upon motion by Larson, second by McNary, the recommendation was accepted and a
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Record of Official Proceedings of the Common Council `'�
of the City of Rochester, Minn., May 1, 1972
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resolution approving the said agreement and authorizing execution of same was adopted; al
voted in favor.
Recommendation of Public. Works Committee that the proposal for engineering serviges
of McGhie & Betts for local improvements in Country Club Manor loth Subdivision be appr
Upon motion by Mayer, second by Larson, and all voting in favor, the recommendation was
accepted and a. resolution was adopted approving the said agreement and authorizing
execution of same.
Tabulation of bids for street improvements on 16th Street S. E. from 3rd Avenue
Southeast to T. H. #63. The bids of McCree & Company in the amount of $211,685.15, Doyle
Conner Company in the amount of $178,527.04 and Riverside Sand & Gravel Company in the
Amount of $204,297.84 were received. Upon motion by Strain, second by Kamper, and all
voting in favor, a resolution was adopted accepting the low bid of Doyle Conner Company
in the amount of $178,527.04 and authorizing execution of the contract upon approval of
the State Aid Engineer.
Upon motion by Larson, second by Kamper, and all voting in favor, the City
Attorney was instructed to prepare an amendment to the Sewer Ordinance to provide the
removal of the discount provision from the customer bills for sewer service charges.
This will produce approximately 9% additional revenues or $55,000 annually to the sewer
fund.
Upon motion by Strain, second byMcNary, and all voting in favor, a resolution
was adopted approving and accepting assignment of $100,000.00 substituted securities in
collateral in lieu of a depository bond from the Olmsted County Bank & Trust Company.
A motion was made by Larson, second by McNary, and passed unanimously, that the
semi-monthly bills, list attached, in the amount of $162,711.59 be approved.
Recommendation of Personnel Advisory Committee that the position of Housing
Inspector to the Building and Safety Department be reclassified from Grade 19 to Grade 8,
effective May 1, 1972. The reasons for this change are (1) the qualifications for the
position have been reduced since it is no longer in the Health Department, under the
latter it required a college degree and now high school or two years of college is
sufficient and (2) all other inspectors are in Grade 8. Upon motion by Kamper, second by
Powers, and all voting in favor, the recommendation was accepted and the reclassification
approved.
Recommendation of the Planning & Zoning Commission that the petition to�ovacate
the westerly portion of the cul-de-sac at 17th Avenue N. W. and 38th Street N. W. be
denied. Upon motion by Mayer, second by Kamper, and all voting in favor,,the recommend-
ation was accepted and the petition denied.
Recommendation of the Planning & Zoning Commission that the application for
approval of the preliminary plat of Elton Hills East Tenth Subdivision be approved. Upon
motion by Kamper, second by Powers, and all voting in favor, the preliminary plat was
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granted.approval.
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., May 1, 1972
Recommendation of Planning & Zoning Commission that application of Church of
Resurrection for a temporary use permit to allow a portion of the Olmsted County Fairgrounds
to be used as a travel trailer parking area be approved. Upon motion by Powers, second by
Strain, and all voting in favor, the recommendation was accepted and the temporary use was
authorized.
Miss Phyllis Goedert, City Librarian introduced Mr. Raymond F. Ogden, Executive
Director of S.E.L.C.O. Southeastern Libraries Cooperating. Mr. Ogden explained that the
S.E.L.CO. has as•its major goal the establishement of library service in unserved areas and
the improvement of local established library service through cooperation and professional
specialist on rotation and it was his job to provide the necessary leadership to achieve this
goal; he said he was going to have his headquarters on the mezzanine floor at the Kahler.
Resolution accepting and approving sanitary sewer easement dated March 27, 1972
and conveyed to the City of Rochester by Gordon M. Martin, Neva Martin, Harold E. Payne,
Virginia M. Payne, Paul A. Green and Vera B. Green. Upon motion by Strain, second by Mayer, and
all voting in favor, resolution adopted.
Resolution approving issuance of a revokable permit to the Rochester Chamber of
Commerce for the remodeling of the building at 212 First Avenue Southwest with two doors which
will extend over the public right-of-way when in an open position and authorizing Mayor and
City Clerk to execute such permit. Upon motion by Mayer, second by Kamper, and all voting in
favor, resolution adopted.
Resolution authorizing and directing the Mayor and City Clerk to execute a
supplemental agreement to the contract between the City of Rochester and the Dairyland Power
Cooperative dated April 7, 1956. Upon motion by Strain, second by Larson, and all voting
in favor, resolution adopted.
Resolution approving Public Utility Resolution authorizing contract with Thein
Well Company, Inc. ($8,350.00). Upon motion by Larson, second by Powers, and all voting in
favor-, resolution adopted.
Resolution accepting for street purposes the dedication of an easement for the
extension of Northern Hills Drive Northeast through unplatted land owned by Robert G. Gill,
Beverly Gill, Floyd Larson, Marian Larson, Lowell Penz and Darlene Penz. Upon motion by Larson,
second by Strain, and all voting in favor, resolution adopted.
Resolution authorizing and directing Mayor and City Clerk to execute a contract
with Rieverside Sand & Gravel Company for local improvements on 34th St. N.W. and 15th Avenue
N. W. abutting Blocks 3, 4, 5 and Lots 1 thru 5 in Block 2 of.Bel Air 2nd Subdivision. Upon
motion by Kamper, second by Strain, 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 Section 23, Township 107 North, Range 14 West,
Olmsted County, Minnesota (11.12 acres in CascadeToimship North of Elton Hills East 5th Subdiv.)
was given its first reading.
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Record of Official Proceedings of the Common Council `�
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An Ordinance amending Ordinance No. 1466 entitled "An Ordinance establishing
within the City of Rochester an Urban Service District and a Rural Service District as
separate taxing districts (31.15 acres in Cascade Township North of Elton Hills East
5th Subdivision Sec. 23-107-14) was given its first reading.
An Ordinance Rezoning certain property and amending the Zoning Ordinance of the
City of Rochester, Minnesota (Parkside Trailer Court and Shopping Center to R-3 and
B-lb) 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 relating to Clubs and On -Sale Liquor licenses, establishing
qualifications therefor, and providing for license revocation; amending Rochester Code
of Ordinances, Sections 160.010 and 160.070, was given its second reading. A motion
was made by 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.
An Ordinance amending Ordinance No. 1466 entitled "An Ordinance Establishing
within the City of Rochester an Urban Service District and a Rural Service District
as Separate Raxing Districts (Francis & Phillip DeWitt property along T. H. # 52) was
given its second reading. A motion was made by Larson, 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.
An Ordinance relating to the Rochester Sanitary Sewer System, the Use Charges
Therefor, and Discounts for Prompt Payments; Repealing Rochester Code of Ordinances
Section 106.140 (repealing 10% discount for payment of charges within ten days of
billing) was given its first reading. Upon motion by Larson, second by Kamper, and
upon roll call and all voting in favor, the rules were suspended and the ordinance was
given its second reading. A motion was made by Larson, 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.
President Postier read a letter from the Grand Lodge Benevolent and Protective
Order of Elks stating that at a recent meeting of the Advisory Committee, composed of
all Past Grand Exalted Rulers, a recommendation that Grand Lodge Members and delegates
to the National Convention be urged to delete the word "white" from membership
requirements of our Order was passed; and urging all delegates and other qualified
Grand lodge Members attending the National Convention in Atlantic City are urged to
vote their conscience. Mayor Day said he had also received this letter plus a letter
from the local Elks Club stating the same.
The following appointments by Mayor Day to the Rochester Human Rights Commissi
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`i Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., May. 1, .1972
read and upon motion by Powers, second by Strain, and all voting in favor, the appointments
were approved:
Term
Name
Length of Term
Expires
John Rownd
.2
years
May
1,
1974
801 14th Ave. N. E.
John Guidinger
3
years
May
1,
1975
1857 - 17� Street N. W.
Mrs. Joseph Pesch
3
years
May
1,
1975
1714 18th Avenue N. W.
Lloyd Welty
3
years
May
1,
1975
914 - 9k Street S. E.
George Thompson
3
years
May
1,
1973
1414 4th Street N. W.
Emmett Woolfolk
3
years
May
1,
1975
1442 Graham Court S. E.
Hearings were held on April 17, 1972 on the intersection improvements of (a)
intersection of 3rd Avenue and 9th Street S. E. (b) intersection of 3rd Avenue and 4th Street
S. E. and (c) intersection of llth Avenue and 5th Street N. W. and approval of the projects
was delayed in order to allow 10 days after the April 17 meeting for any written statements.
Letters were received from Haven H. Hodge objecting to the closing and removal of one of the
driveways at the Mobil Gas Station at 3rd Avenue and 4th Street S. E. and from G. R. Gilbert,
Division Marketing Services Manager for Continental Oil Company also objecting to the closing
and removal of a driveway at the Conoco Station at the corner of 4th Street and 3rd Avenue S.E.
A motion was made by Strain, second by McNary, that the City Engineers Department be authorized
and directed to prepare the necessary plans for these intersection improvements; all voted in
favor.
A motion was made by Larson, second by Powers, to remove from the table the final
plat of Valhalla 5th Subdivision; all voted in favor. The recommendation of the Planning and
Zoning Commission that the final plat of Valhalla Fifth Subdivision be approved was again
presented. A motion was made by Larson, second by Strain, that a resolution be adopted
approving the said plat, subject to the taxes being paid on this property within thirty days;
all voted in favor. .
Upon motion by Strain, second by Mayer, and all voting in favor, the 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., the
following members being present: President Postier, Aldermen Kamper, Larson, Mayer, McNary,
Powers, Strain. Absent: None.
Hearing on Planning Commission initiated zoning districting change on the easterly
254 feet of the North one-half of Lot 17 and the Easterly 254 feet of Lot 19 in Allendale
Subdivision from the R-1 to the R-3 District and the North One -Half of Lot 17 less the
Easterly 254 feet and Lot 19 less the Easterly 254 feet in Allendale Subdivision from the R-1
to the B-3 District. There was no one present wishing to be heard. President Postier
declared the hearing officially closed. Upon motion by Strain, .second by Powers, and all
voting in favor thereof, except Alderman McNary who voted "nay", the City Attorney was
instructed to prepare an ordinance making the proposed zone change.
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Record of Official Proceedings of the Common Council
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Hearing on extension of sewer and watermain in East Frontage Road of.T. H. 52
to serve Lot 18, Allendale Subdivision. There was no-one present wishing to be heard:
President Postier declared the hearing officially closed. A motion was made by Strain,
second by Kamper, to proceed with the project and authorize and direct the City Engineer
to prepare the necessary plans; all voted in favor.
Hearing on final plat of Elton Hills East 9th Subdivision. Upon motion -by
Larson, second by McNary, and'arl voting in favor, this hearing was continued until 7:301'i
o'clock P. M. on June 5, 1972 (the'ordinance annexing this land was just given its first
reading today, so this plat can not be approved until the land is annexed).
Hearing on final plat of Country Club Manor Tenth Subdivision. There was no
one present wishing to be heard. President Postier declared the hearing officially
closed. Upon motion by Larson, second by Kamper, and allvoting in favor, a resolution
was adopted approving the plat of Country Club Manor loth Subdivision.
A motion was then made by Powers, second by Strain, instructing the City
Attorney to prepare an ordinance removing the property in Country Club Manor Tenth
Subdivision from the Rural Service District.
Hearing on final plat of Sunset Terrace Sixth Subdivision. There was no one
present wishing to be heard. President Postier declared the hearing officially closed.
Upon motion by Larson, second by Mayer, and all voting in favor, a resolution was adopter
approving the plat of Sunset Terrace Sixth Subdivision. (Mr. Stan Mohn one of the
owners was present and urged adoption and approval of the plat,.also a letter from Mr. &
Mrs. Wayne L. Herivel of 1759 25th Avenue N. W. was presented and filed). Alderman
Mayer stated that he felt it should be noted that the Council is strongly considering
that the area across the street from them be some type of industrial area, at least
multi dwelling along that side and when the homes are sold that the people who buy these
homes should know that this will be an industrial area, because we have had an awful
lot of pressure when we try to rezone that type of street.
Upon motion by McNary, second by Powers, and all voting in favor, a resolution
was adopted accepting the low bid of Riverside Sand & Gravel Company in the amount of
$4,924.00 for extension of sewer and watermain in East Frontage Road of T. H. #52 to
serve Lot 18, Allendale Subdivision.
Upon motion by Larson, second by Kamper, and all voting in favor, the Presi
of the Council was authorized and directed to send a telegram supporting Bill No. HR 143
70 in favor of revenue sharing and the telegram to be followed by a letter to each of t
Representatives and Senators from the State of Minnesota.
Upon motion by Larson, second by Powers, and all voting in favor, the meeting
was adjourned until 7:30 P. M. on May 15, 1972.
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Record of Official Proceedings of the Common Council
of. the City of. Rochester, Minn., May 1, 1972 .
INFORMATION 5-1-72
1. Minutes of the Standing Committees 4-24-72
2. Letter from MPCA re People's Coop. Power (referred to City Engineer)
3. Notice of Injury - Mrs. Agnes Butlin of 1409 North Broadway (referred to Attorney,and
Insurance) .
4. Referred to Planning & Zoning:
a. Request to park Calliope on 2nd St. S.W. in front of Olmsted County Bank
Building - Rochester Shrine Club
b. Application for approval of a community development project (G.A. Baihly)
c. Application for approval of a trailer coach park (Leonard L. Lampland)
d. Application for variance on Lots 1,2,3, Block 1 Flathers Addn. (Richard Blondell)
e. Application for variance on Bemel Property on U.S. 63 South (Ed Hauck & Gene Bemel)
f. Application for variance at 603 14th Avenue S. W. (Paul Andreini)
g. Petition to vacate a portion.of 152 Street N. W. (William ADamson) ,