HomeMy WebLinkAbout06-05-1972.. Q3
Record of Official Proceedings of the Common Council
of the. City of Rochester, Minn., June 5, 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 June 5, 1972.
President Postier called the meeting to order at 2:00 o'clock P. M., the following
members being present: President Postier, Aldermen Larson, Mayer, McNary, Powers, Strain.
Absent: Alderman Kamper.
Upon motion by Powers, second by McNary, and all present voting in favor, the
minutes of the meetings of May 15th and May 22nd, L972 were approved with the following
correction:
On the May 15th meeting on page 5, line 17, it should read "upon motion
by Mayer, second by McNary...."
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Upon motion by Strain, second by McNary, and all present voting in favor, a
resolution was adopted referring a petition to extend watermain to Lots 12, 13, 14, Knollwood
Acres was referred to the City Engineer and Public Works Committee for determination of
adequacy, feasibility report and recommendation.
Upon motion by Larson, second by Mayer, and all present voting in favor, a
resolution authorizing and directing the Mayor and City Clerk to execute an agreement and
lease between City and County Authorizing the County Court to use the Municipal Court Facilities
and Traffic Violations Bureau.
Upon motion by Powers, second by Strain, and all present voting in favor, the
request of the Rochester Jaycees for a parade permit for the annual Children's 4th of July
Parade was approved, said permit approved subject to routing and traffic direction to be
approved by the Police Department.
Upon motion by Larson, second by Powers, and all present voting in favor, the
request of the United Way of Olmsted County for a permit to conduct a parade on Saturday,
September 9, 1972 was approved, said permit approved subject to routing and traffic direction
to be approved by the Police Department.
Upon motion by Mayer,'second by Strain, and all present voting •in favor, the
applications of Robert C. Neill, Jr. for a Master Installer License and Hot Water Contractors
License were approved and the licenses granted; the license bond of Robert G. Neill, Jr. in the
amoutn of $5,000.00 with Western Surety Company as surety was approved.
The following tabulation of bids for sidewalk projects was presented:
City
Engineer Est. E. J. Vonch Doyle Conner Co. PhilRyan
6,793.78 New Sidewalk Project #1-1972 6,532.96 * 7,411.35
29,535.29 New Sidewalk Project #2-1972 28,636.33 28,397.78 * 31,728.86
25,640.73 NewSidewalk Project #3-1972 25,605.64 24,673.86 * 24,300.18
12,893.71 New Sidewalk Project #4-1972. 12,581.42 * 14,312.82
8,016.95 New Sidewalk Project #5-1972 8,875.40
12,213.74 New Sidewalk Project #6-1972 11,747.18 * 13,170.50
Upon motion by Strain, second byMayer, and all present voting in favor, five resolutions were
adopted accepting the low bid of Doyle Conner Company for Sidewalk Projects #-, #2, #3,,#4,
and #6 and the City Clerk was instructed to readvertise for bids on Sidewalk Project #5.
The following tabulation of bids for Drainage Structure on 15th Avenue N.W. in
Bel Air 2nd Subdivision was presented: Riverside Sand & Gravel Co. $9,259.60*, Floyd Larson
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., June 5, 1972
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Construction Co. $13,369.00 and Fraser Company, Inc. $11,943.55; the CityEngineer's Estimate
was $10,554.00. Upon motion by Strain, second by Powers, and all present voting in favor, a
resolution was adopted awarding the bid to Riverside Sand and Gravel Company.
Upon motion by Strain, second by Mayer, and all present voting in favor, a
resolution was adopted approving plans and specifications and ordering bids for Street
Improvements on 3rd Avenue S. E. from 16th Street S.E. to T. H. #63 (J #8402 - Plans 6303-2-
72) .
Bids for -five police cars were advertised with a May 31, 1972 opening, no bids
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were received because manufacturers are cutting production of 1972 autos and the Finance
Department recommends that the cars be rebid with an opening in mid September. A motion was
made by McNary, second by Strain, that cars be rebid on September 1, 1972; all present voted
in favor. A motion was then made by Strain, second by McNary, that the matter of investigatJ
ing the possibility of combining and taking bids on cars for all city departments; all present
voted in favor.
A motion was made by Mayer, second by McNary, that the following amendments to
the personnel policy be made and the City Attorney be instructed to prepare the necessary
resolution (1) direct the cut-off period for leave accruals to coincide with the fiscal year;
(2)to establish the pay periods at an every -other -week interval; (3) authorize the deposit of
employees net pay to the Rochester bank of the employees choice in lieu of issuing a payroll
check.
Tabulation of bids for furnishing the years supply of liquid chlorine for the
Wastewater Treatment Plant. Bids were received.from Lyon Chemicals, Inc.., Hawkins Chemical
and Jones Chemical and each bid was in the amount of $8.25 per cwt., the recommendation of
the Finance Department was that the contract be awarded to Lyon Chemicals, Inc. on the basis
of their excellent service. Mr.George Belair of Hawkins Chemical was present and requested
that the Council award the bid to his company. A motion was made by McNary that the bid be
awarded to Lyon Chemicals, Inc., his bid was lost for want of a second: A motion was then
made by Larson, second by Strain, that the bid be awarded to Hawkins Chemical Company and all
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in favor Alderman McNary "nay". by
voted except who voted A motion was then made Mayer,
second by Strain, that a tabulation of the bids be sent to the Attorney General for information
purposes only; all present voted in favor.
Upon motion by Mayer, second by Powers, the request of C. A. Armstrong, City
Engineer, that a leaveof absence for six months be granted to Curt Bolles was approved; all
present voted in favor.
Upon motion by Mayer, second by McNary, and all present voting in favor, two
resolutions were adopted amending the promotional schedule as it applies to Police and Fire
Departments; this change is made,necessary because the salary schedule for policemen and
firemen was revised from a five year to a four year plan.
Recommendation of Personnel Advisory Committee that the following be adopted as
pl-
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., . J„ne 5, 1972
la policy regarding absence from work for heads of department and divisions:
ABSENCE FROM WORK POLICY
1. This applies to heads of departments and divisions.
2. When avoidable, the head of a department and a division head in the same
Department should not be absent at the same time.
3. When either is absent, he shall designate someone with authority to act. This
authority may be limited as circumstances warrant.
4. When either is absent, the person in charge of answering the phone and receiving
visitors shall be informed of the reason for absence, destination, and the time of
expected return.
5. Absence to attend conventions, seminars, etc., must be approved for in advance by
the Administrator. In general, one national convention every other year, and one
state or regional convention every other year, for the same organizatinn should be
the limit for each head. Exceptions may be made in the case of the Minnesota
League of Municipalities and in cases where the head is an officer of the
organization or a participant on the program.
Upon motion by -Powers, second by Mayer, and all present voting in favor, the above policy was
approved.
Recommendation of Personnel Director that the Council approve the stipulation
that the City recognizes the International Association of Fire Fighters, Local 520, as the
exclusive representative of all uniformed employees in the Fire Department except the Chief,
Assistant Chiefs and Captains; it also states that the City disagreEs with the Union regarding
the inclusion og captains and requests the Director of MAiation Services to hold a hearing
Ito determine their status. Upon motion by Mayer, second by McNary, and all present voting in
favor, a resolution was adopted authorizing and directing the Mayor and City Clerk to execute
the said stipulation.
Upon motion by Larson, second by Mayer, and all present voting in favor, a
(resolution was adopted approving the conveyance by metes and bounds of property located in the
500 block of 19th Street N.W. (Gordon Dashow).
Recommendation of Planning & Zoning Commission that the petition to vacate the
northerly portion of the cul-de-sac at the end of 15'k Street N.W. in Wilson Hills Subdivision
be granted approval subject to the City retaining a suitable utility easement for the gas main
that is in place. Upon motion by Mayer, second -by Powers, and all present voting in favor, the
recommendation was accepted and the City Attorney was instructed to prepare a resolution ordering
a hearing on the said vacation.
Recommendation of Planning & Zoning Commission that the petition to annex Lots 12,
13 and 14, Block 3, Knollwood Acres; there is_a water pollution problem existing on these lots
that is of paramount concern to be correct by allowing this property to be connected to
municipal services that can be extended to this area; they have also recognized the broader
problem of piece -meal annexations in this area and they have moved to hold a joint meeting with
the Olmsted County Planning Advisory Commission for the purpose of discussing the annexation
subject on an areawide basis to see if they can develop a more logical and meaningful approach
to the subject. A motion was made by Mayer, second by Powers that the recommendation be accepted
and the City Attorney prepare the necessary ordinance. Tom Moore, Planning Director, said they
had a meeting scheduled with the County to study the entire area. Upon motion by Larson, second
by Mayer, and all present voting in favor, this matter was tabled until July 6th (after the
meeting with the County Planning & Zoning).
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Record of Official Proceedings of the Common Council
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Recommendation of Planning & Zoning Commission stating that they had considered
the recommendation from the Committee on Urban Environment pertaining to bus stop benches,
they feel that benches are essential to the proper operation of the bus system and they
favor the recommendation of CUE and recommend that the Common Council adopt them as policy.
Upon motion by Larson, second by Powers, and all present voting in favor, the recommendat
and also the letter from the CUE Committee were referred to the Finance Committee.
Upon motion by Mayer, second by Strain, and all present voting in favor, the
application of David L. Fish for a dance permit to -hold a public dance in the Rochester
National Guard Armory on Saturday, June 10, 1972 was approved.
Upon motion by Larson, second by Strain, and all present voting in favor, the
request of 0. M. Mertz, Chairman ofr,the Committee for the Minnesota League Convetion, for
a permit to hold a dance in the Mayo Civic Auditorium on Wednesday, June 14, 1972 was
approved.
Resolution approving Boat Rental Concession agreement for Silver Lake Park
between City of Rochester and Ronald E. Johnston for 1972 and authorizing Mayor and City
Clerk to execute same on behalf of the City. Upon motion by Larson, second by Mayer, and
all present voting in favor, resolution adopted.
Resolution approving plans and specifications for construction of sanitary sewer,
storm sewer, water mains and street improvements in Elton Hills East Ninth Subdivision and
authorizing and directing Mayor and City Clerk to execute a contract with Builders Land
Company for the construction of said improvements. Upon motion by Strain, second by
Larson, and all present voting in favor, resolution adopted.
Resolution approving plans and specifications for street grading, surfacing,
storm sewer construction and curb and gutter in Manor Woods Drive West of lst Place N.W. in
Manor Woods First Subdivision and authorizing and directing Mayor and City Clerk to execute
a contract with Johnson, Drake, Piper, Inc. for construction of said improvements. Upon
motion by Larson, second by Mayer, and all present voting in favor, resolution adopted.
Resolution approving plans and specifications for construction of local
improvements in Block 10 serving Block 1 in The Meadows First Subdivision and authorizing
and directing the Mayor and City Clerk to execute a contract with The Kruse Company for the
construction of said improvements. Upon motion by Powers, second by Mayer, and all present
voting in favor, except Alderman Larson who "abstained", resolution adopted.
Upon motion by Larson, second by Mayer, and all present voting in favor, the
meeting was adjourned until 7:30 o,'clock P. M.
The meeting was called to order again at7:30 o'clock P. M. faith the following
members being present: President Postier,.Aldermen Larson, Mayer, McNary, Powers, Strain.
Absent: Alderman Kamper.
Hearing on approval of the final plat of Elton Hills East 9th Subdivision. Mr.
Stanley Guth, the petitioner, was present to answer any questions if necessary. There was
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no one else present wishing to be heard. President Postier declared the hearing officially
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Record of Official Proceedings of the -Common Council
of the City of Rochester, Minn., June 5, 1.972
closed. Upon motion by Larson, second by Mayer, and all present voting in favor, a resolution
Iwas adopted approving the plat to be designated and known as Elton Hills East 9th Subdivision.
Hearing on the petition to change the zoning districting on a part of the John
Pervin property in Section 7, Marion Township from the R-3 District to the B-3 District. The
recommendation of the Planning & Zoning Commission was that the change to B-3 would not be in
accord with the Land Use Plan and recommend that this petition be denied. Mr. John Pervin of
1401 Marion Road S. E., the petitioner, was present and stated that this property had been zoned
as commercial when it was in the County and then when it was annexed it was changed to R-1, he
also stated that he was leasing it as commercial at the present time. Mr. Myron Jostock of
2022 15th Street S. E. was present and said that there were 51 homes across from this property
and he was opposed to changing this property bo B-3 District. Mr. J. P. Peterson of 2044 - 15th
Street S. E. also opposed the requested change. There was no one else present wishing to be
heard. President Postier declared the hearing officially closed. A motion was then made by
Strain, second by Powers, that this property be rezoned as B-3 District and the City Attorney be
instructed to prepare the necessary ordinance; all present voted in favor, except Alderman
McNary who voted "nay".
Hearing on petition to change the zoning districting on property located in the
Northeast quarter of Section 13, Rochester Township, lying East of State Aid Road No. 1 from the
R-1 District to the R-3 District. The recommendation of the Planning & Zoning Commission was
that the zoning districting be changed from the R-1 District to the R-3 District in the area
south of Pinewood Road S.E. and the area lying north of Pinewood Road S. E. be changed to the
Flood Plain District. Mr. R. L. Smith of 438 3rd Avenue S.E., President of Middle West
Development Corp. the petitioner, was present and urged that the zone change be granted. There
was no one else present wishing to be heard. President Postier declared the hearing officially
closed. A motion was made by Strain, second by Powers, that the recommendation be accepted and
the zone change be approved, subject to the area being filled to an elevation of approximately
1021-to bring it out of possible flooding and the City Attorney be instructed to prepare the
necessary ordinance; all present voted in favor.
Hearing on application to vary the front yard requirements on property located at 976
14th Avenue S. W. (Floyd Pulver). The recommendation of the Planning & Zoning Commission was
that this variance be denied. There was no one present wishing to be heard. President Postier
declared the hearing officially closed. A motion was made by McNary, second by Strain, that the
variance be denied; all present voted in favor.
Hearing on application to vary the front yard requirements to allow a front porch
to be enclosed on property located at 231 - 14th Avenue S. E. The recommendation of the Planning
& Zoning Commission was that this variance be denied. Mr. Orville Schroeder, the petitioner was
present and said that the porch was sagging and he wanted to enclose it with windows and screens
and thought this would make his property look better. There was no one else present wishing to
be heard. President Postier declared the hearing officially closed. A motion was made by Powers
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Record of Official Proceedings of the"Common Council
of the City of Rochester, Minn., June 5, 1972
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that the variance be granted, his motion was lost for want of a second. A motion was then
made by McNary, second by Larson,.that the variance be denied; all present voted in favor
except Alderman Powers who voted "nay". The general question of granting variances in cases
like these last was sent.to the Planning & Zoning Commission for study and report. .
Hearing on application for approval of a Mobile Home Park to be located in the
southeast quarter of the northwest quarter of Section 7, Marion Township (Doughboy Property
S.E.) The recommendation of the Planning & Zoning Commission.was that this trailer park p
be given approval subject to (1) Revise the watermain plans to meet the comments stated by
the Water Department (2) Revise the anchor detail to provide a band -or cable over the entire
trailer and (3) We.realize the access to T. H. 52 as shown probably is not definite, but the
location indicated would definitely not be acceptable. Mrs. Leslie Garrison of 1431 24th
Avenue S. E. was present and inquired if any plans have been made for street going £rom�i.,;,"
24th Avenue or.therabouts to Highway # 52, she said the undeveloped property to the east has
no access to T. H. 52 if this plan is approved. Mr. Verne Austin of 2011 14th Street S.E.
also inquired about the access and he also inquired as to when the streets would be improved.
There was no one else present wishing to be heard. President Postier declared the hearing
officially closed. After a lengthy discussion and viewing of the -plat in this area, a motion
was made by Larson, second by Mayer, that the recommendation of the Planning & Zoning
Commission be accepted, that the access be to Highway 52 and 14th Street, that the three
conditions, listed hbove be complied with, and the City Attorney be instructed to prepare
the necessary resolution; all present voted in favor, except Alderman Strain who voted "nay".
Hearing on application for substitution of a non -conforming use for another non-
conforming use at Lot 1, Block 7, Original Plat (Watkins Electric). Mr. John Davies of 305
17th Street N. E. was present and said their plans were to have a printing company located
here and urged that their request -be approved. The recommendation of the Planning & Zoning
Commission was that they felt the use of this building for a printing company would be less
objectionable than its use as an electric motor repair company, which it has been, and based
on these findings they recommend that this application -be -granted approval. 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 Strain, that the recommendation be -accepted, the
variance be granted and the City Attorney be instructed to prepare the necessary resolution;
all present voted in favor.
Hearing on proposed assessments for Improvements on 7th Street N. W. from llth
Avenue N. W. to Valleyhigh Drive N. W. and on Valleyhigh Drive N. W. from 7th Street N. W. to
14th Street N. W. Mr. Frank Schartau was present in behalf of his sister Mrs. Floyd Lehman
.owner of property along here and said he felt the assessment was too high. 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 Powers, that a resolution be adopted approving the
assessment roll as presented; all present voted in favor, except Alderman Larson who
"abstained". (Job 6207-4-71) Dept 8312..
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Record of Official Proceedings of the " Common Council
of the City of Rochester, Minn., June 5, 1972
Hearing on Deferred assessment on account of "construction.of-sanitary sewer
and watermain extension in 19th Avenue and:7th Street N. W.,in Valleyhigh.Replat" to parcel
38706 owned by Glendenning (Project No. 5615-57 - 8057).. There was no one present wishing.to
be heard. President Postier declared the hearing officially closed. A motion was made by
McNary, second by Strain, to adopt a resolution approving the assessment as presented; all
present voted in favor.
A motion:,was Wade by Larson, second by McNary, and passed unanimously by all
present voting in favor, that the semi-monthly bills, list attached, in the amount of
$288, 004.58 be approved.
A motion was made by Larson, second by Strain, to reconsider the action taken
earlier in the. meeting to readvertise for bids on New Sidewalk Project # 5-1972;.all present
voted in favor. A motion was then made to adopt a resolution accepting the bid of Doyle
Conner as presented, less the amount to be deducted for removal of trees,leaving the bid
at $8,059.90; all present voted in favor.
R. V. Ehrick, Attorney was present in behalf of Mayo Foundation .and Olmsted
County Historical Society and submitted a petition to vacate.the East 174.41 feet of the east -
west alley in Block 17, Original Plat. He requested that the Council consider this petition
and it be referred to the Planning & Zoning Commission, -but that the Council adopt a resolution
setting a hearing date for the said vacation as his clients were planning construction as soon
as possible and such an action would save them two to three weeks time. Upon motion by Mayer,
„second by Strain, and all present voting in favor, except Aldermen McNary and Powers who
abstained, a resolution was adopted accepting_the.petition and.setting a date,for a hearing
on the matter of vacating,a portion of.the East-West alley in Block 17, Original Plat (for
Mayo Foundation Life Sciences Building).
Resolution approving.substitution of non-conforming.use of premises at 209
Fifth Street S. W. for printing company purposes. .Upon motion by Mayer, second by McNary, and
all present voting in favor, resolution adopted.
Resolution for Recodification of Rochester Code of Ordinances.Incorporating
Ordinances adopted from January 1, 1968 to December 31, 1971. Upon motion.by.Larson, second by
Mayer, and all voting in favor, resolution adopted.
President Postier presented a copy of a resolution from the local Benevolent
and Protective Order of Elks, Lodge No. 1091 in which they supported the removal of the "White
Only" caluse from,their Constitution and instructing its delegates to the national convention
to,vote in favor of remoging the said clause.
Upon motion by Mayer, second by Powers, and all present voting in favor, the
matter tabled at the last meeting on resolution supporting State-wide Referendum to end U. S.
Involvement in Indo-China was removed from the table.
Mr. Timothy Ogren of 306 5th Avenue N. W. was present and submitted copies of
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Record of Official Proceedings of the 'Common Council 35.1
of the City of Rochester, Minn., June 5, 1972
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the Congressional Record -which showed Senator Proxmire's Report on Economic Conversion --
Members of Congress for'Peace through Law; he urged that the Council adopt the resolution
which they had submitted at the last meeting which requested that the Council go on record
as to favorably'urge and endorse Governor Wendell Anderson and the -representative leaders
of-both'houses of*the Legislature 1to-convene a special session of the'Minnesota Legislature
for the sole purpose of placing on the ballot for a state-wide referendum vote by all -
Minnesota voters the following three -propositions:
1. Total and immediate withdrawal from Indo-China--men, machines
'and money. '
2. Conversion of the U.S. and Minnesota economy from dependence
on war to a peace -oriented economy, whose resources are used
to meet our needs.
3: Conversion of the economy is to be planned-andsupervised by
democratically elected councils of workers from affected
industries and community representatives.
Mr. Jim Maworski, Karen Taylor and several others were heard. President Postier then called
fora -vote on -the original motion made on -May 22,'1972 which was that the above resolution
be adopted but delete therefrom Paragraph No. 3, and all Aldermen present voting "nay"
except Alderman Mayer who voted "aye", the motion was lost and the resolution not adopted.
Upon motion by Larson, second by McNary, and all present voting in favor, the
meeting was adjourned until S:OO-o'clock�P. M. on'June 12; 1972.
Ci Clerk
INFORMATION 6/5/72
1. Minutes of the Standing Committees - 5/22/72
2. Notice of Claim - Allen Larson of 1800 2nd St. S.W. (referred to Attorney, Insurance
and Engineer)
3. Notice of Claim - Alma Gilleland, 302 Main, Kasson, Minnesota (referred to Attorney,
Insurance, Engineer)
4. Letter from Mr. J. L. Daly re: Alendale assessments
5. Letter from P.S.C. re: railroad crossings investigation
6. Municipal Court Financial Report - April, 1972
7. Letter from Minnesota Constitutional Study Commission re: meeting to be held at
the Kahler Hotel
8. Jefferson Lines, Inc. has filed an application with the P.S.C. seeking approval to
discontinue its limousine service between Minneapolis-St.Paul and Rochester
9. The hearing on the annexation to the Airport has again been postponed and continued
until August 2, 1972 at 10:00 A.M. in the Olmsted County Court House
10. Referred to Planning and Zoning -
a. petition to rezone Lots 3 and 4, Replat of Outlot #1, Bielenberg•and Giese
Replat (Bielenberg & Giese)
b. application for conveyance of property by metes and bounds'at Elton Hills Drive
and'West River Parkway (Metro Development Corp.)
c. application for approval of final plat for Elton Hills East I10th Subdivision
d. application for substitution of non -conforming use at Lot 1, Block 7, Original
Plat (Carl West -Commercial Printing Co.)
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