HomeMy WebLinkAbout07-21-1969F'-14
Record of Official Proceedings of the 'Comm6n' Council
of the City of Rochester, Minn., July 21, 1969
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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 July 21, 1969.
Azmotion,was made by Larson, second by Ludowese, that Alderman.Folkert act as
President pro tem for this meeting; all voted in favor.
President pro tem Folkert called the meeting to order at 730 o'clock P. M. the
following being present: President pro tem Folkert, Aldermen Cherland, Larson, Ludowese,
Postier, Strain. (Strain arrived at 8:00 P. M.) Absent: President DeVries.
Upon motion by Larson, second by Cherland, and all present voting in favor the
minutes of the.meetings of July 7, 1969 and July 11, 1969 were approved.
President pro tem Folkert stated this as being the time and place set for
hearings on the following projects:
Hearing on regrading and surfacing, sanitary sewer, storm sewer and water main
extensions; service connections stubbed into the boulevard on 19th Street N. W. from 19th Avenue
N. W. to County State Aid Highway #4. C. A. Armstrong, City Engineer, said this project was
brought up a couple of years ago and deferred but now it had been brought up again becuase
some of the people were having sewer problems and to put in sewer and water we must also
regrade the street; it was originally planned to postpone this work until later thi"s summer
until after the County had done the Valley High Drive but if we want to get it done this
summer they have to ahead with the work now. Mr. Richard Podolske of 1719-19th Street N. W.
inquired how wide the street would be and if stakes would be replaced and sidewalk grade
provided; Mr. Armstrong said the street would be 48 feet wide and would provide for two lanes
of traffic without parking, he, said the City would replace stakhs that were already in and
sidewalk grades would be established and available to the owner; Mr. Podolske also said when
the City put in 20th Street behind him they had not given him notice to take anything off and
had removed a row of shrubbery that he felt he should be reimbursed for. Mr. Milford Benjamin
of 2015-19th Street N. W. inquired if there would be any great change in the grade by the stop
lights; Mr. Armstrong said there would be no major change in the grade at the corner but will
take off the ditch on the south side and put in a grade along the Cassidy property and the
church. Mr. William Schwanke of 2045 19th St. N.W. asked if the grade would take any of his
property or trees; Mr. Armstrong said they are going out to the R-O-W line and there will have
to be some cut or fill North of the property line, we will not take any additional R-O-W on
the north side,but will have to put it right on the 33 foot line, he said we would have to
wait and see when the plans are complete how much we will have to take, if the trees are 14 feet
from the property line they will not be disturbed. Mr. Joseph Anderson of 2035 - 18� Street
N. W. was present in behalf of Bethany Church of Evangelical United Brethern and inquired
if they would be charged for sewer in 19th Street when they were already connected on 10;
Mr. Armstrong said they had not planned on constructing sewer in 19th St. at this time and
will have to rely on the owner as to whether it is nedded or not, unless the City gets a
request from the church sewer will not be put in 19th Avenue abutting the church, he said
water is different it has to be looped and will have to put in a complete connection so they
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would be charged for this. Mr. Robert Carson of 2037-19th 59t. N. W. inquired what the costs
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of the City of Rochester, Minn., July 21, 1969
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would be. Mr. Armstrong said the storm sewer costs would be spread against the entire
area and would probably be about per front foot, most of the storm sewer in this,
area was put in several years ago and has not been assessed yet, storm sewer will be
applied to all the lots in involved; the street costs are assessed on the basis of the
general street assessment policy, a residential area is assessed for the cost of a
residential street which is 36' and the blance of the 48' street will be paid `-,:from general
funds, residential street runs about 12.00 per front foot; there is an additional
assessment for sewer which runs about 8.00 per front foot and also for water main which
runs approximately 8.00 per front foot, there is also a charge for connections stubbed
into the boulevard and this usually runs about 200.00 per lot, these figures are just an
estimate. There was no one else present wishing to be heard. President pro tem
Folkert declared the hearing officially closed. A motion was made by Postier, second by
Ludowese, to proceed with the project; all present voted in favor.
Alderman Strain arrived at 8:00 P. M.
Hearing on proposed change of zoning on Lots 11-12, Block 2 and Lots 1-3,
Block 3, Elton Hills East Fifth Subdivision from the R-1 District to the R-2 District and
Lots 3-6, Block 3 and Lots 1-4, Block 4, Elton Hills East Fifth Subdivision from the R-1
District to the R-3 District. Mr. Stanley Guth was present and requested that if possibl
this be done as soon as possible as it had already been delayed for quite some time. The
was no one else present wishing to be heard. President pro tem Folkert declared the
hearing officially closed. A motion was then made by.-,, Cherland, second by Ludowese,
instructing the City Attorney to prepare an ordinance making the requested zone change;
all present voted in favor.
Hearing on application for approval of a conditional use to allow the property
at 406-4th Street S. W. to be used as an interior design office. There was no one present
wishing to be heard. President pro tem Folkert declared the hearing officially closed.
A motion was made by Larson, second by Ludowese, instructing the City Attorney to prepare
a resolution granting the use, all present voted in favor.
Hearing on application for approval of the final plat of Manor Woods First
Subdivision. There was no one present wishing to be heard. President pro tem Folkert
declared the hearing officially closed. A motion was made by Cherland, second by Larson,
instructing the City Attorney to prepare.a resolution accepting the said plat, all presen
voted in favor.
The appointment by Mayor Day of Dr. Sidney S. Bernstein of 3912 - 19th Avenue
N. W. as a member of the Library Board, tdrm:F:of office to be for three years and expire
the third Saturday in July, 1972 (Dr. Bernstein replaces William Sperling who has asked
not to be reappointed) was read., Upon motion by Larson, second by Ludowese, and all
present voting in favor, the appointment was confirmed.
A letter from Grayden Company offering to purchase property owned by the City
316 Record of Official Proceedings of the --Common Council
of the City of Rochester, Minn., July 21, 1969 •
consisting of approximately 40,000 square feet located at the southwest corner of the
intersection of North Broadway (U. S. 63) and Elton Hills Drive, was read and upon motion
by Postier, second by Cherland, and all present voting in favor, the letter was referred
to the Finance Committee and the Planning & Zoning Commission.
A letter from Lloyd-Collopy, Chairman of the Heating, Ventilating and Air
Conditioning Code Board of Review, recommending that,the salary schedule of the inspectors
be revised was read. Upon motion by Ludowese, second by Postier, and all present voting in
favor, the letter was referred to the Personnel Advisory Committee.
A letter from S. C. Smiley&i,% Associates, Architects requesting consideration
of their office for an architectural assignment for a new library facility, was read and
ordered placed on file. ( A copy to be sent to the Library Board).
Applications from the Town -Board of the Town of Cascade protesting the
annexation of land 757.-surrounded referred to as tract 5 and 5E, tract 6 and tract 8 and
from the Town Board of the Town of Rochester°protesting the annexation of land 75%
surrounded referred to tract 9 and tract 10, were each read and ordered placed on file.
A motion was made by Larson, second by Ludowese, instructing the City Clerk to notify the
Minnesota Municipal Commission that the Council was in favor of them proceeding with the
necessary hearings, all present voted in favor.
The application of Rochester Y's Men's Club for a permit to sponsor the
Carson -Barnes Circus on Wednesday, July 29 1969 to be held at Silver Acres, Highway 52
North, the circus will be held one day with two performances, there are approximately 60
cars or trucks, was read. Upon motion by Cherland, second by Postier, and all present
voting in favor, the application was approved and the permit granted.
The application of Donald Franke and George Kerr for an off -sale liquor
license to be used in the Apache Mall Shopping Center was read and ordered placed on file.
The petition of Dorothy Case to have Lot 8, Block 2, Westlawn Addition
changed from B-lb to R-2 District was read and upon motion by Postier, second by Strain,
and all present voting in favor, the petition was referred to the Planning & Zoning
Commission.
AA resolution adopted by the Public Utility Board requesting authorization to
enter into a purchase order contract with Westinghouse Electric Supply Company for
furnishing 10,000 feet #4 Armored Dable ($6,100.00) was read and upon motion by Postier,
second by Larson, and all present voting in favor, resolution approved.
A letter from Mr.-& Airs. Edwin Klee requesting to purchase a strip of land
17 feet wide and 125 feet long between their home at 509 - 9th Avenue N. W. and the -City
sidewalk, was read and upon motion by Ludowese, second by Postier, and all present voting in
favor, the letter was referred to the Finance Committee. -
A copy of a letter from the Department of Housing and Urban Development
stating that the nature of current model housing codes in this country is such that they do
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., July 21, 1969
not reflect ideal housing conditions, but the minimum standards which must be maintained
to ensure the health and safety of occupants and prevent blight, your amending of the .
housing code to allow the sharing of bathroom facilities for dwelling units would mean
the endorsement of an existing blighting influence within the community and to exempt
owner occupied single family dwellings from the housing code would remove most of the
community from its provisions, future Workable Program certification would be very
doubtful if such amendments were adopted and a certified Workable Program is a
prerequisite for the public housing program, was read and ordered placed on file.
• A motion was made by Postier, second by Ludowese, instructing the City Attorney
to prepare a resolution dissolving and terminating.the Housing Authority for the City of
Rochester; all present voted in favor thereof, except Larson and Folkert who voted "nay".
Tabulation of bids opened at 2:00 o'clock P. M. on July 21, 1969 as follows:
1. Street grading and surfacing, sanitary sewer, storm sewer, water City Engr.
main, and service connections in 18th Avenue N. W. from Cascade Estimate
Street to 33rd Street N. W.
Doyle Conner Company $153,755.73 $147,206.25
Riverside Sand & Gravel 141,476.05*
Fraser Company, Inc. 143,214.62
Kasson Sewer and Water 159,910.48
2. Replacement of sidewalks in Southwest Rochester -Sidewalk Project #101-1969
C. M. Boutelle & Son 8,780.50 8,468.65
E. J. Vonch Co. 8,411.45*
Pearson & Mahoney 9*804.26
3. Replacement of sidewalks in Southwest Rochester -Sidewalk Project #102-1969
C. M. Boutelle & Son 42864.40* 4,592.10
E. J. Vonch Co. 4,872.80
Pearson & Mahoney 5,322.78
4. Replacement of sidewalks in Southwest Rochester -Sidewalk Project #103-1969
C. M. Boutelle & Son 211134.00 1,951.75
E. J. Vonch Co. 2,046.90*
Pearson & Mahoney 23,280.05
Clayton Boutelle 2,243.25
5. Replacement of sidewalks in Southwest Rochester - Sidewalk Project #104-1969
C. M. Boutelle & Son 4,301.50 3,991.15
E. J. Vonch Company 4,266.55*
Pearson & Mahoney 4,615.98
Clayton Boutelle 4,651.30
The application of the Olmsted County Fair Board for a beer license to operate
the Beer Parlor at the Olmsted County Fair from July 28 to August 3, 1969 inclusive was
:read. Upon motion by Strain, second by Ludowese, and all present voting in favor except
• Alderman Postier who "abstained", the license was granted. (Fee to be $15.00 for the total
period) .
The application of Riverside Sand & Gravel Company for a license to connect with
sewers and drains was read and upon motion by Ludowese, second by Larson, and all present
voting in favor, the license was granted.
The license bonds of Riverside Sand and Gravel Company in the amount of $1,000.00
with United States Guaranty and Fidelity Company as surety and Mohr Advertising Company
in the.amount of $1,000.00,with Western Surety Company were each read and upon motion by
Ludowese, second by Larson, and all voting in favor, the same were approved.
The contract bonds of E. J. Vonch Company (3) in the amounts of $3,074.00, $2,220.9(
$2,220.90 and $5,115.80 with Great American Insurance Company as surety; Phil Ryan (2) in
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Record of Official Proceedings of the Common. Council
of the City. of Rochester, Minn., July 21, 1969. •
the amounts of $9,545.80 and $6,246.45 with United States Fidelity and Guaranty Company as
surety; and Clements Chevrolet Company in the amount of $2,468.74 with Continental Insurance
Company as surety were each read and upon motion by Ludowese, second by Larson, and all voting
in favor, the same were approved.
The recommendation of the Rochester Airport Commission that the Council approve
the periodic estimate #3 for FAA Project No. 9-21-079-C911 to Arcon Construction Company, Inc.
in the amount,of $363,458.56 and to McGhie & Betts, Inc. for engineering services in the amount
of $11,500.51 and that the Mayor and City Clerk be authorized to execute the accompanying
docuements, was read. Upon motion by Larson, second by Cherland, and all present voting in
favor, the recommendation was approved.
The recommendation of the Planning and Zoning Commission stating that they had
reviewed the official street map -of -diagonal connection from North Broadway to 1st Avenue West
°between 5th Street N. W. and 6th Street N. W. and find that this map is in conformance with
the City's adopted thoroughfare plan and recommend its approval, was read. Upon motion by
Larson, second by Strain, and all present voting in favor, the recommendation was accepted and
a hearing was set for 7:30 o'clock P. M. on August 18, 1969.
The recommendation of the Personnel Advisory Committee that the Council
recommend to the Utility Board that they begin wage negotiations at the earliest feasible date
was read. Upon motion by Larson, second by Ludowese, and all present voting in favor, the
recommendation was approved.
The recommendation of the Personnel Advisory Committee that the request of
Arthur Towey to reside outside of our present area be denied was read and upon motion by
Cherland, second by Ludowese, and all present voting in favor, the recommendation was approved
and his request denied.
The recommendation of the Public Safety Committee that the application of
Mohr Advertising Service of Brainerd, Minnesota for a license to erect and maintain signs be
approved was read and upon motion by Ludowese, second by Postier, and all present voting in
favor, the recommendation was approved and the City Clerk instructed to issue the license.
-The recommendation of the Public Safety Committee that the applications of
Stephan B. Barlow dba Barlow Foods at 1315 6th Street N. W. to sell non -intoxicating malt
beverages, off sale and cigarettes be approved was read and upon motion by Postier, second by
Ludowese, and all present voting in favor, the recommendation was approved and the City Clerk
was instructed to issue the licenses.
The feasibility report of the City Engineer that a petition requesting street
connections and surfacing, sanitary sewer, storm sewer, subsurface drains, water mains and
service connections stubbed into the boulevard on 162 Street S. E., &� Avenue S. E. and
portions of 8th Avenue and 9th Avenue S. E. in Meadow Park Seventh Subdivision was in proper
form and•the improvement is feasible and recommends its•construction, estimated cost $150,000.00
was read together with the recommendation of the Public Works Committee recommending,its
construction with the costs assessed against the abutting properties. Upon motion by Ludowese,
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Record of Official Proceedings of the Common Council 319
of the City of Rochester, Minn., July 21, 1969
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second by Strain, and all present voting in favor, the recommendation was approved.
The feasibility report of the City Engineer recommending construction of an
elevated water tank and trunk mains for the High District of the West Service Area as
proposed in the report "Proposed Water Storage Facility for the High District of the West
Service Area" prepared by Agneberg, Sankstone & Associates, the estimated cost is $154,750.
was read together with the recommendation of the Public Works Committee that a hearing be
held and that the costs be assessed over a 300 acre assessment district as proposed in the
report (approximately $478 per acre). Upon motion by Ludowese, second by Cherland, and all
present voting in favor, the recommendation was approved.
The recommendation of the Public Works Committee that the bid of H & H Electric
Company in the amount of $18,150.00 for installation of traffic actuated signal and street
light at Second Street and Sixth Avenue S. W. be accepted was read. Upon motion by Larson,
second by-Ludowese, and all present voting in favor, the recommendation was approved.
Mayor Day said there were many accidents and close to accidents at the inter-
section of 1st Avenue and 3rd Street S. W. and recommended that a study be made of the
feasibility of installing a traffic signal at this intersection. Upon motion by Cherland,
second by Strain, and all present voting in favor, the matter was referred to the Public
Safety Committee.
The recommendation of the Public Works Committee that the bid of.EI J. Vonch
Company in the amount of $8,411.45 for sidewalk project #101-1969 be accepted was read and
upon motion by Ludowese, second by Strain, and all present voting in favor, the r
was approved.
The recommendation of the Public Works Committee that the bid of C. M. Boutelle
& Sons in the amount of $4,864.00 for sidewalk project #102-1969 be accepted was read and
upon motion by.Ludowese, second by Strain, and all present voting in favor, the
was approved.
The recommendation of the Public Works Committee that the bid of E. J. Vonch
Company.in the amount of $2,046.90 for sidewalk project #103-1969 be accepted was read and
upon motion by Ludowese, second by Strain, and all present voting in favor, the recommendatic
was approved.
The recommendation of the Public Works Committee that the bid of E. J. Vonch
Company in the amount of $4,266.55 for sidewalk.project #104-1969 be accepted was read and
upon motion by Ludowese, second by Strain, and all present voting in favor, the
recommendation was approved.
The recommendation of the Public Works Committee in regard to the bid for
street grading and surfacing, sanitary sewer, storm sewer, water main and service connecti
in 18th Avenue N. W. from Cascade Street to 33rd Street N. W. was read. C. A. Armstrong,
City Engineer, recommended that action on this bid be held up until the plans have been
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., July 21, 1969 •
approved by the Highway Department. Upon motion by Larson, second by Ludowese, and all present
voting in favor, the recommendation was tabled until August 4, 1969.
The recommendation of the Public Works Committee stating that in view of the
increasing problem of fires, salvaging, and other nuisances at the City's Land -Fill, which
we feel are attributed principally to the uncoltrolled use of the dumping area day and night,
every day of the week they recommend that the following schedule for use of the Land -Fill for
disposal of solid wastes`'.
"the land -fill to be open for use by the public only from 7:00 A.M.
to 7:00 P.M. Monday through Saturday excepting Legal Holidays"
this will necessitate fencing the site and installing a gate at the entrance and approval
of the expenditures necessary is requested, was read. Upon motion by Ludowese, second by
Strain, and all present voting in favor, the recommendation was -approved and the City Engineer
instructed to proceed.
Upon motion by Larson, second by Ludowese, and all present voting in favor, the
review -of application requesting a waiver of the requirements of the subdivision ordinance to
convey property by metes and bounds (part of Lots 1 and 2, Rocky Creek First Subdivision lying
south of a line drawn parallel to and 217 feet northerly of south line of said lots) was again
tabled until August 4, 1969;
Upon motion by Larson, second by Ludowese, and all present voting in favor, the
"Ordinance annexing to the City of Rochester, Minnesota certain unplatted land not exceeding
two hundred -acres in area, all being in the Northeast Quarter of Section 28-107-14 - Carpenter,
Till, Grieve property; was tabled until August 4, 1969.
A motion was made by Larson, second by Ludowese, that the following resolutions
be considered in block; all present voted in favor. A motion was then made by•Larson, second by
Ludowese; that the following resolutions be adopted as read and all present voting in favor,
President pro tem Folkert declared the same duly passed and adopted:
Subdivision.
Resolution accepting plat to be known and designated as Manor Woods First
Resolution authorizing Public Utility Board to enter into a purchase order
contract with Westinghouse Electric Supply Company for 10,000 feet #4 Armored Cable.
Resolution referring improvement petition for street construction and
surfacing, sanitary sewer, storm sewer, subsurface drains, water main and service connections
stubbed into boulevards in 16.� Street S. E. 8� Avenue S. E. and portions of 8th and 9th
Avenue S. E. in Meadow Park 7th Subdivision.
Resolution ordering a public hearing for street construction and surfacing,
sanitary sewer, storm sewer, subsurface drains, water mains and°service connections stubbed
into boulevards in lq Street S. E., 8� Avenue'S. E. and portions of 8th and 9th Avenue S. E.
in Meadow Park 7th Subdivision.
Resolution ordering bids for street construction and surfacing, sanitary sewer,
storm sewer, subsurface drains, watermains and service connections stubbed into boulevards in
16k Street S. E., 8� Ave. S.E. and portions of 8th and 9th Avenue S. E. in Meadow Park 7th
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Record of Official Proceedings of the Common Council
of the City of. Rochester, Minn., July 21, 1969
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Subdivision.
Resolution ordering bids for regrading and surfacing, sanitary sewer, storm
sewer and water main extensions, service connections stubbed into boulevard on 19th St. N.W.
from 19th Avenue N. W. to County State Aid Highway #4.
Resolution -ordering bids for grading and surfacing of 7th Street N. W. from
Chicago Great Western Railroad to West line of Valleyhigh Second Subdivision:
Resolution ordering bids for construction of sewers, watermain, grading and
surfacing on 41st Street N. W. from 18th Avenue N.-W. to Trunk Highway 52 Frontage Road.
Resolution ordering bids for water main extension in 7th Street N. W. to serve
Lots 6, 7 and 8, Auditor's Plat "D'•.
Resolution ordering a public hearing on elevated water tank and trunk mains for
the High District of the West Service Area.
Resolution accepting bid of E. J. Vonch Company for sidewalk project # 101-1969.
Resolution accepting bid of C. M. Boutelle & Son for sidewalk project # 102-1969,
Resolution accepting bid of E. J. Vonch Company for sidewalk project # 103-1969.
Resolution accepting bid of E. J. Vonch Company for sidewalk project # 104-1969.
Resolution accepting bid of H & H Electric Company for installation of traffic
actuated signal and street light at 2nd Street and 6th Avenue S. W.
An Ordinance rezoning certain property and amending the Zoning Ordinance of thei
City of Rochester, Minnesota (change Lots 11 and 12, Block 2 and Lots 1, 2 and 3, Block 3,
Elton Hills East Fifth Subdivision to R-2 District) was given its first reading. Upon motion
by Larson, second by Ludowese, and upon roll call and all present voting in favor, the rules
were suspended and the ordinance was given its second reading. Upori motion by Postier, second
by Ludowese, and upon roll call and all present voting in favor, the rules were suspended and,
the ordinance was given its third and final reading. A motion was then made by Postier,
second by Ludowese, that the said ordinance be adopted as read and all present voting in
favor, President,"}sro�tem Folkert=declared the ordinance duly passed and adopted.
An Ordinance rezoning certain property and amending the Zoning Ordinance of thel
City of Rochester, Minnesota (change lots 3 through 6, Block 3 and Lots 1-through 4, Block 4,
Elton Hills East Fifth Subdivision to R-3 District) was given its first reading. Upon motion
by Ludowese, second by Larson, and upon roll call and all present voting in favor, the rules
were suspended and the ordinance was given its second reading. Upon motion by Larson, second
by Ludowese, and upon roll call and all present voting in favor, the rules -were suspended and
the ordinance was given its third and final reading. A motionwas then made by Ludowese,
second by Strain, that the said ordinance be adopted as read and all present voting in favor,
President pro tem Folkert declared the said ordinance duly passed and adopted.
An Ordinance rezoning certain property and amending the Zoning Ordinance of thej
City of Rochester, Minnesota (change Lots 1 through 5, Block 1 and Lot 1, Block 2, Indian
Heights Third Subdivision to R-2 District) was given its first reading.
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., Tu v 21. 1969
An Ordinance rezoning certain property and amending the Zoning Ordinance of
the City of Rochester, Minnesota (East 25 feetof lot 1 and east 25 feet of the south 10.3
feet of Lot.4, Block 42, Morse and Sargeant's Addition to R-3 District) was given its first
dreading.
A resolution vacating a portion of 37th Street N. W. from 18th Avenue N.W.
to 15th Avenue N. W — subject to condition that there shall be no access to 37th Street N. W.
by vehicular traffic over and across the south and southwesterly line of said vacated area,
was read. Upon motion by Larson,.second,by.Postier., and all present voting in favor,
resolution.adopted.
A resolution vacating the east -west alley as platted and dedicated in
jBlock 26, Original Plat, was read. Upon motion by Strain, second by Ludowese, and all present
(voting in favor, resolution adopted.
A resolution vacating that part of the east -west alley which lies east of the
north -south public alley in Block 15, Original.Plat, was read. Upon motion by Larson, second
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by Strain, and all present voting in favor, resolution adopted.
A resolution amending the Parking Resolution as follows was read and upon
motion by Larson, second by Cherland, and all present voting in favor, the resolution was
adopted:
Section D, Truck Loading Zones, Paragraph 20, is rescinded in its
entirety.
A resolution amending the Parking Resolution as follows was read and upon
JiVotion by Postier, second by Ludowese, and all present voting in favor, the resolution was
adopted:
Section B, No Parking Zones, Streets, is hereby amended by adding
thereto Paragraph 145.1 to read in its entirety as follows:
(145.1) 14th Avenue Southwest on the west side of the street
from 2nd Street to 150 feet more or less south of
the center line of the access drive to the St. Mary's
Hospital property at all times.
A motion was made by Ludowese, second by Strain, instructing the City Attorney
to prepare a resolution of congratulation to astronauts Neil Armstrong, Edwin Aldrin, Jr. and
(Michael Collins for the successful moon landing; all present voted in favor.
Mr. Gerald Swanson, City Attorney, stated that he has received a number of
phone calls or visits from people either complaining about their neighbors trespassing on
their property to paint or repair a garage or asking about their right to use their neighbors
property for the purpose of such maintenance; In addition -he stated that Thomas Kruse was
recently fined $50.00 in Municipal Court for trespassing on his neighbors yard while attempting
to do some repair work on his garage which except for the eave overhang is 18" from the side
lot line; he recommended that some study be made to change this requirement in the ordinance.
Upon motion by Larson, second by Ludowese,. and all present voting in favor, this was referred to
the Planning & Zoning Commission.
A motion was made by Larson, second by Cherland, and passed unanimously by those
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present that the semi-monthly bills, list attached hereto, in the amount of $151,436.44 be
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approved.
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Record of Official Proceedings of the Common Council
of the City. of Rochester, Minn., July 21, 1969
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Alderman Folkert stated that he had received several calls and visits in regard
to the color of the Apache Water Tower, he said many of them had recommended that it be made
a blue or turquoise such as some seen in the vicinity of the twin city area. A motion was
made by Larson, second by Folkert, instructing the Water Department, if°they find it feasible,
to change the color of the Apache Water Tower and upon roll call Larson, Ludowese, Strain
and Folkert voting "aye", Cherland "abstaining" and Postier voting "nay", the motion was
carried.
The recommendation of the Finance Committee that the Council accept the offer
• submitted by the Kroger Company, for six acres of property @ $1.25 a square foot with the
condition that the property line bisecting the entire property run parallel to North
Broadway rather than as indicated on the drawing submitted with the offer and that if the
Council accepts the offer to buy that the funds be dedicated to a specific public improvement
was read. Mr. William Leach representing the Kroger Company was present and said he and
his clients were agreeable to the property line running parallel to Broadway and if this
were approved by the Council their next step would be that the Company would submit a
$500.00 payment on the option for a 90 day period and they will then do some test boring
to determine if the land is suitable for the building and -at the termination of the 90 day
period they will submit their design after they have made their study, he said they would
pay whatever is their fair share of the costs of the improvements necessary and thought this
could be put in the final sales agreement. C. A. Armstrong, City Engineer, said it would be
much better if there was a hard and fast agreement on improvements, he said he thought the
matter should be dealt with and settled rather than say the City will assess them a fair
share and thought this should be considered and settled before the sale is made final. A
motion was made by Strain, second by Cherland, to amend the recommendation and spell out
definitely what portion of the cost of improvements would be borne by each party and all
present voted in favor of this amendment. Alderman Ludowese said he did not understand the
necessity to sell this property and felt it would be -a big mistake, he said he had attended
meetings where the City was planning for a new City Hall, for a joint county -city building,
• for a new library, etc: and felt this was the only piece of property owned by the City that
was a possibility for such use and if the City were to try to go out and purchase land it
would be at a much higher cost; he said he was not opposed to this Company but felt the
City was getting to many shopping centers all close together and that the figure of $1.25
per square foot was far too little. Alderman Postier also said he felt the price was too
low, they have been looking at property and this all ran 7.00-8.00 per foot; he said he
felt this was a big mistake to sell this property, it would not be long before the Dog
Pound would be a nuisance and the pistol range is already under discussion for change and
this was the only piece of property that the City owns that could be used for such -things.
After further discussion a motion was made by Larson, second by Strain, that the
recommendation of the Finance Committee as cited -above and amended by adding the paragraph
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"that the sale of the property to the Kroger Company provide for the apportionment of the
costs of sewer and water improvements between the City and the Kroger Company"and all present
voting in favor thereof,. except Aldermen Ludowese and Postier, the motion was carried.
Mr. John Kocur was present in behalf of Apache Corporation and said they
understood it was the wish of the Planning Commission and the Common Council that an access
road be provided for property to the south of the Apache Mall property, he said he thought
they were in agreement that somet;means of access should be provided but felt certain other
things should be considered (1) that when this property became landblocked they had been
paid for lack of access and (2) Apache Corporation would lose a certain portion of its •
property for the purpose of this road and thereby restrict the development that could be
made of it; following a meeting with certain officials they propose a solution (1) that if
Apache Corporation would now provide a R-O-W and designate it as such across this plat to the
property lying south of 16th Street, this R-O-W could be used by these people only if and
when they pay for the paving and improvement (2) during aperiod of time we could relocate
this R-O-W but in the event they had pave it they would relocate it at their own expense; he
said they had sent their proposed agreement to the City Attorney and he had commented that
"he thought it might be important if there was something in the future whenthis lot would be
dedicated as a public road even though Apache did not develop their property and also that
the cost of maintenance after the road had been dedicated as a public road would be shown the
same as other public thoroughfares"he said they were agreeable to that the only thing is the
question of how soon that would be because they do not want it at this time, they have no plans
for.this piece of real estate and nothing in the near future for the use of this landand that
is another reason they asked to be able to relocate the easement; he said they had located the
easement on the plat and this was done by their engineer and the City engineer and they had
also bbtained an agreement.from Clements that they would join in the proposal; he presented a
preliminary plat of the area showing the eastment and said they had given a 20 foot easement
across the lot at the time of transfer and a blanket or general easment across their parking
lot but if that was not the case they will give one; Mr. Kocur said they were here to try to
get informal approval and their next move would be to contact the owners south of 16th Street •
and felt this was an equitable solution for the people south of 16th Street because they do
not have to incur the cost of this improvement until they use the property and that is when
they will pay for the improvement, the agreement is that when they install this roadway it
would have to be done in accordance with plans and specifications and would be no cost to the
City and thereafter the improvements would be assessed under the standard policy of the City.
Mayor Day said not too long ago the Apache people met with the Council and no agreement was
reached so later President DeVries, Attorney Swanson and he had met with Apache and arrived
at the hope that this will be the solution to it and one of the things in the back of his mind
is the property to the south, we have a duty to protect it somewhat from being landlocked,
however., it was property that before Apache would have been impossible to get to and they
had been paid by the Highway Department because they had no access; he said he thought this
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was a pretty good solution. Apache was to meet with the people south of 16th Street and if an
agreement was reached they would then present their plat to the Council.
The following resolution was read and a motion was made by Strain, second by
Postier, that the resolution be approved:
"WHEREAS, The Chicago and Great Western Railroad Company has submitted
a proposal to sell to the City a portion of its property located in Block 33
Original Plat of the Town of Rochester and in Block 20, Moe and Olds Addition, and
WHEREAS, such property is needed for public parking and street
development purposes in downtown Rochester.
NOW THEREFORE, be it resolved by the Common Council of the City of
Rochester that the Finance Committee is authorized and directed,to negotiate the
terms of the purchase of such property and to submit its recommendation to the
Common Council for approval.
Mayor Day said R. V. Ehrick, John Chisholm, James Klattke, James Sullivan, Duane Aldeen,
Charles Pine and Robert Withers had been appointed to head up a Railroad Property Committee,
this is a committee dealing strictly with this railroad property and the recommendation to buy
it at this time and we hoped the committee could continue in force to negotiate with the
Railroad Company in the future; this Committee came back this afternoon with their preliminary
recommendation, copies of which were handed out; he said what they were asking in the
resolution was that the Finance Committee be authorized to further negotiate for two parcels
(1) the property which is called Block 33 and is a one-half block parcel behind the Penney
Store and (2) a piece of property 11,000 square feet directly behind to the South of the
Norton Hotel area; he said they approached the railroad people knowing that they did have
property that we felt they may no longer need on the east side of Broadway and asked them if
they were willing to sell any or all of this property, after many meetings they met with us
and said they were willing to sell followed by an offer of a price that they asked that we
would keep donfidential because they gave us a price on a total package of different property
and we have come to the conclusion that we would be able to afford only a certain part of
that; they asked that we come back in a three week period and the Railroad Property Committee
has "studied and come back with a recommendation today; basically, what we say tonight is that
we have come down to these two parcels, we feel there is a possibility of about 250 parking
stalls and would be used at the present time for parking street level parking with the
possibility that inthe future it may be used for development with the thinking that the
developers would have to build a parking ramp; it is my thinking that we should do this
downtown we have lost parking instead of gaining parking in the last few years and feels there
should be a better traffic pattern and more and better distribution of parking in the downtown
area; it has been our thinking that the parking should be in conjunction with our present
agreement with Rochester Auto Park Company to operate this after we acquire this; there would
still be railroad tracks going through and with our negotiations we found they definitely
will need the one spur in this area and the reasons are that the major companies, Rochester
Dairy to the south and Libby & McNeil and Oil City; we can not explain in complete detail
what price we negotaited but we can put in that we are negotiating at a price less than
$250,000 for the two parcels of land. Mayor Day'said he thinks this is vitally important
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to the downtown and their people are willing to go ahead and do something for downtown area;
he recommends that we -go ahead along the lines proposed and hopes we end up buying this
property.
Alderman Larson said he thought the -overall proposal is good and it is
something we have been hoping for for a long time; when he read the vote on the Urban Renewal
he read that the people were not in favor of Urban Renewal and they voted it down and he did
not think they gave any indication or at,any time that they were goind ahead, he then read
the following paragraph from the report of the Railroad Property Committee
11(4) If the City, for financial or other reasons, is not able or
willing to purchase all of the railroad property offered for sale, this. •
committee recommends that an attempt be made to obtain an extension of
time from the railroad with respect to its offer, so that this.committee
will have additional time to work with any prospective private developers
and attempt to work out a total purchase of the railroad property jointly
by the City and any such private developers. This recommendation is made
because of the expressed desire of the Chicago Northwestern Railway
Company to deal with only one purchase of its property."
Larson said he thinks there is a possibility that we could find a group of people willing to take
take this entire package from the Railroad and think it should be pursued, the City does not
have the finances with which to enter into such negotiations; he said he thought the City
should make up their mind if they were going to be the parking authority in the City or
not and would like to see some private developers undertake the entire package.
R. V. Ehrick, City Attorney said it was the thought of the Committee that
its minimum recommendationwould be that the City acquire as much of the railraod property
as it feels it could , the City has been and is in public parking today and have been in it
for a long while alone until the operation of the facilities were turned over to the downtown
company and thinks there is an exceptional opportunity presented here and it should not be
taken lightly because a mistake at this time could live with us for quite some time; he said
he did not think it unreasonalbe to consider the purchase of this from another standpoint,
he said it was reasonable to use a portion of the parking meter receipts for downtown parking
and the City should assist the downtown citizens where private parking is unrealistic and
unavailable and he did not think it was unreasonable that a portion of these receipts be
used for more appropriate parking facilities; he said he thought there was a critical area •
north of 1st St. S.W. and S. E., you have an adequate number of spaces today if you count
the empty spaces in the ramp but for the future you should look into this ideally situated
property that borders on the east side of the corp area, he said he did not think they should
overlook this opportunity that is present now but will not be later.
The matter of financing was discussed and it was noted that their were several
possibilities such as advancement of funds from the Public Utility to the City ::;.General Fund,
utilization of parking meter funds which now go into the general fund or the issuance of bonds.
After a lengthy discussion President pro tem called for a votedon the approval of the resolution
and all voting in favor except Folkert who voted "nay, the resolution was adopted and the Finance
Committee instructed to proceed. A letter from Michaels Restaurant urging that this project
be done was read and ordered placed on file.
Upon motion by Larson, second by Ludowese, and all present voting in favor, the
meeting was adjourned. i
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