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HomeMy WebLinkAbout08-04-1969330 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August4, 1969, n LJ 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 August 4, 1969. President DeVries called the meeting to order at 2:00 o'clock P. M., the following I. members being present: President DeVries, Aldermen Cherland, Larson, Ludowese, Postier, Strain. Absent: Alderman Folkert. Upon motion by Postier, second by Ludowese, and all present voting in favor, the minutes of the meetings of July 18, 21, 28 and 29, 1969 were approved. A.letter from Harold G. Krieger inquiring about Minnesota State Highway #14 West and 7th Street Northwest intersection and what the plans were, whether it would stay open or be closed, was read and upon motion by Cherland, second by Strain, and all present voting in favor, the letter was referred to the Public Works Committee.. A letter from Leeana Hauser of 1524 2nd Avenue S. W. requesting that the fence erected along Highway 63 on the west side of the highway between 14th and 16th Streets South be left on a year around basis, was read and upon motion,by Cherland, secondby Strain, and all presentvoting in favor, the letter was referred to the Public Safety Committee. A letter from Everett J. Meyers, owner of the Roxy Bar, for a dance license at the Roxy Bar, 315 First Avenue N. W., was read and upon. motion by Postier, -second by Strain, and all present voting in favor, the letter was referred to the Public Safety Committee. The claim of Terrence C. Hopfenspirger for damage to his sidewalk at 839 Second Street S.W. caused by trucks involved in construction of 2nd Street driving over and across this sidewalk was read and upon motion by Larson, second by Cherland, and all present voting in favor, the claim was referred to the Public Works Committee and the City Attorney. A letter from Clarence E. Henke, M. D.,,, Director of Public Health, recommending approval of the permit to drill a private well"for cooling and condensing of water vapors requested by Industrial Opportunities, Inc. on behalf of ENRG International was read together with a letter from the Public Utility Board which also recommended approval. A motion was then made by Postier, second by Cherland, and all present voted in favor, that the permit to drill a private well be granted. A letter from Bather-Wolsfeld, Inc. requesting that their firm be considered to provide additional professional engineering services to the Engineering Department of the City of Rochester was read and upon motion by Larson, second by Strain, and all present voting in favor, the letter was referred to the Public Works Committee. Mr. Franklin Michaels, Attorney was present and read a copy `of a letter he had sent to the Board of Parks & Recreation on July 10, 1969 from the Rochester Art Center Which contained the following: "Today the Board of Directors of the Rochester Art Center, at its regular monthly meeting, passed a resolution authorizing me, as President of the Art Center, to write this letter of intent to you. Subject to working out the details and correct description, it is the intention of the Board of Directors of the Rochester Art Center to convey to The City of Rochester the property in southwest Rochester recently received from Mrs. H. S. Plummer, less probably the stone house on llth Street South- west and a reasonable city sized lot surrounding the same. There will be certain conditions attached to the conveyance such as that 1 0 1 11 0 ri Li L • Record of Official Proceedings of the Common Council c of the City of Rochester, Minn., Augusg 4, 1969 II I) the Art Center will lease back, without rent, the buildings on the premises as j well as reasonable parking areas nearby said buildings to be used for Art Center and other related purposes; provided further that the land will be maintained by the City of Rochester for garden or botanical garden purposes and not for ordinary park and playground purposes, it being the intention of the Art Center, and we believe the Park Board, that the grounds be maintained so that the public as a whole may, under reasonable conditions, be able to walk through.and enjoy the gardens, and not that the property be used for playground or picnic facilities. It is also understood that this conveyance will be made subject to a right of reversion to the Art Center in the event the City no longer wishes to use the property for such purposes. There will be no fee or cost to the City for the land so conveyed. It is our hope that we may work closely together to maintain and keep the Plummer pro- perty for the greatest use of the people of the City of Rochester and the surrounding area. Mr. Curtis Taylor said the Park Board had not met formally onthis but he thought they would i; • be in favor of maintaining this property. Upon motion by Cherland, second by Postier, and all �I j; present voting in favor, the letter and matter were referred to the Public Safety Committee, the Board of Parks and Recreation and the City Attorney. The application for final plat approval of Apache Mall Shopping Center Subdivision I. was read. Mr. Art Swan, Attorney representing Apache Mall, was present and stated that the copy of the plat withdrawn by them previously could be reinstated as the preliminary plat as Ij it meets all the basic requirements and that the plat presented now would be considered as r. Ii the final plat. A motion was made by Larson, second by Postier, and all present voting in i' it favor that the recommendation of the Planning &;Zoning Commission on the preliminary plat be accepted and this application for final plat approval be referred to the Planning & Zoning it it �I Commission. A letter from Emery Barrette, Executive Director, Governor's Commission on_Crime Prevention and Control together with a guide which is designed to assist in applying for II financial assistance were presented. Upon motion by Postier, second by Strain, and all present voting in favor, the same were referred to the Public Safety Committee. A letter signed by D. T. Dunshee, Municipal Engineer, acknowledging receipt of a resolution dated July 8, 1969 requesting the improvement of T. H. 14 from .08 of a mile east of Jct. T. H. 63 to llth Avenue S. E. (C.S.A.H. No. 1) ( a distance of approximately 3400 feet) to a width greater than is necessary for trunk highw ay traffic, was read and ordered ;I placed on file. Two resolutions adopted by the Public Utility Board were each read (a) requesting) permissioAto enter into a contract with Woodhouse Bros., Inc. for new roofing at garage and i� warehouse building ($4,040.00) and (b) appropritating $425,000.00 to the Rochester State Bank;, First National Bank, Northwestern National Bank and Olmsted County Bank and Trust Company fore purchase of CDs were each read and upon motion by Larson, second by Cherland, and all presentil • voting in favor, the resolutions were approved. !I A letter from V. J. Harty, Assistant District Engineer for Minnesota Department �+ I f, of Highways submitting an agreement.covering the cost, maintenance and operation of signals at the East Junction T. H. 14 (12th St. S.E.) and T. H. 52 (15th Avenue S.E.) in Rochester was read and upon motion by Larson, second by Cherland, and all present voting in favor, the letter and agreement were referred to the Public Works Committee. The application of the Rochester Police Benevolent Association to hold a dance in. Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 4, 1969 0 , the Mayo Civic Auditorium on September 5, 1969 was read and upon motion by Larson, second by Postier, and all present voting in.favor, the same was approved. The application of the 40/8 of the American Legion for a one day license to sell beer at the Olmsted County fair grounds on August 24, 1969. was readand upon motion by Postier, second by Cherland, and all present voting in favor, the application was referred to the Public Safety Committee. The applications of Hilleary & Partners, Ltd. for an "on sale" liquor license and the application of Illinois Howard Johnson's Inc. for an "on sale" liquor license were each read and ordered placed on file. The City Clerk was instructed to notify them that these not applications were under study an would/jie considered beforethe first of the year. The application of Pizza Hut, Inc. for an on sale 3.2 beer license was read and upon motion by Cherland, second by Postier, and all present voting in favor, the application was.referred to the Public Safety Committee. The recommendation of the Rochester Airport Commission that the Council approve Periodic Estimate #1 for FAAP No. 9-21-079-7012 to Arcon Construction Company, Inc. in the amount of $208,670.40 and to McGhie & Betts, Inc. for engineering services in the amount of $20,210.86 and that the Mayor and City Clerk be authorized to execute the necessary documents, was read and upon motion by Larson, second by Cherland, and all present voting in favor, the recommendation was approved. A letter from the Fire Civil Service Commission stating that Captain Lester Thiem had submitted his resignation from the department effective August 16, 1969 and this would make the following personnel actions necessary:(j) for the position of Captain the following three names stand highest on the eligibility roster - Lawrence Eischen, Roger Remington and Donald Leonard, this promotion to be effective August 17, 1969; (2) for the position of Motor Operator the following three names stand highest on the elegibility roster - Richard D. I� Toogood, Kenneth C. Chase and Thomas Beagle - this promotion to be effective August 17, 1969; (3) for the position of Firefighter the following three names stand highest on the eligibility roster - A. Mark Kallestad, Robin R. Rossi and Steven R. Fenske - this appointment to be effective August 18, 1969, was read. Upon motion by Postier, second by Larson, and all present voting in favor, the promotion of Lawrence Eischen as Captain, effective August 17, 1969, the promotion of Richard D. Toogood to Captain, effective August 17, 1969 and the appointment of A. Mark Kallestad as firefighter, effective August 18, 1969, were each approved. IjA protest against zoning change of the property on the west side of 3rd Avenue N.W. �i between 14th Street N. W. and Crenld, Inc. of Rochester with 28 signatures and a petition from i Mayo Foundation for annexation of a part of the NE'k of the NE'k Section 12-106-14 west, were each �i a; read and upon motion by Strain, second by Postier, and all present voting in favor, the same were referred to the Planning & :Zoning Commission. li A letter from the Zumbro Development Company offering for sale the property located at 308 - 3rd Avenue S. E. was read and upon motion by Postier, second by Ludwese, and all present voting in favor, the letter was referred to the Finance Committee. I F- I � U I 1 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn.,_ August 4, 1969 -3v 1 r 1 LJ 1 1 is 0 A letter from David T. Bishop and Ronald L. Seeger calling attention to sidewdtlks at 18� Avenue N. W., 19th Street N. W. was read. Alderman Larson stated that this had been checked and obviously there are some problems, apparently the contractor that built here did not use the grade stakes. Upon motion by Larson, second by Ludowese, and all present voting in favor, the letter was referred to the Public Works Committee. The following tabulation of bids received before the meeting was presented and ordered placed on file: Bids for water main extension in 7th Street N. W. to serve Lots 6,7,& 8, Auditor's Plat "D" j CityEngineer's Estimate Riverside Sand & Gravel Co. Rochester, Minnesota $7,884.00 $6,993.50 Frader'Co., Inc. Rochester, Minnesota 8,347.15 Bids for sale of two used Refuse Trucks: Truck No. 1 Truck No. 2 i' 1963 Ford with 1958 1962 Ford with 1962 Leach Packmaster Garwood Packer:. Rochester Rubbish & Garbage (Herb Bornfleth) $2,000.00 Houghton Sanitation Service (Norman & Russell Houghton) 2,000.00 Municipal Services, Inc. (St. Paul, Minnesota) $2,302.00 2,002.00 San -I -Trucking Co. (Harold Watson) 1,900.00 1,900.00 Lloyd Greenlee (Chatfield, Minnesota) 851.00 2,201.00 The City Attorney then read the following resolution: "BE IT RESOLVED by the Common Council of the City of Rochester that the purchase of the property located in Block 20, Moe and Olds Addition, and Block 33, Original Plat of Rochester, outlined on the map attached hereto as a part of Exhibit A. for the sum of $237,215.00 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to execute on behalf of the City the Offer and Agreement to Purchase consisting one each of the Original page, Map and Addendum in which the Chicago Northwestern Railway Company is named as the Seller, a copy of which is marked Exhibit A, attached hereto and made a part hereof. BE IT FURTHER RESOLVED that there is hereby appropriated from the Permanent Improvement Fund the sum of $23,700.00 to be paid to the Chicago and Northwestern Railway Company as a deposit pursuant to the terms and conditions of said Offer and Agreement to Purchase, and that the balance of said purchase price, including an amount to reimburse the Permanent Improvement Fund for the II initial deposit, be paid from the proceeds of revenue bonds to be issued by the City of Rochester for the purpose of acquiring said property." I! I' Mr. Moline, Finance Director, said the sale would be financed from parking meter revenue bondswhich might take about two or three months to get the money. Mr. J. W. Heidkamp, Sales Manager for C. N. W. Ry. Company, said this would be no problem as long as they have an* iI offer and acceptance the delay in getting the money would not matter. Alderman Larson i; asked if there was any possibility of this being tied into the sale of the overall property,, ii here. Mayor Day said this is just for the two pieces and they intend to meet with the downtown people, and they have a gentlemen's agreement for extension of time until September 15th, to see if they can workout something for the sale.of the balance of the . r property. A motion was made by Postier, second by Cherland, that the said resolution be adopted as read and all present voting in favor, President.DeVries declared the said resolution duly passed -and adopted. • The recommendation of the Planning and :Zoning Commission that the had reviewed the Commission initiated change of zoning on the properties located West of 3rd Avenue N.W. from 14th Street N. W. to the south line of the Crenlo Property from the R-1 District to the R-3 District and find that the lots involved in the change of zoning are of sufficient size h , to be used for reasonable multi -family use, the lots are located on the west side of a des- �! ignated secondary thoroughfare and to the east is Cascade Creek and a few single residences; •4 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 4, 1969 they feel that this.change in zoning would be compatible in this general area and would likely serve to stimulate some redevelopment in yhis.neighborhood and bsed.on these findings they recommend that this change of zoning districting be granted approval,.was read. A motion was made by Ludowese, second by Postier, that the recommendation be not approved.and that the zone change be denied; all present voted in favor. Upon motion by Larson, second by Postier, and all present voting in favor, the meeting was recessed at 3:10 P. M. The meeting was called to order.again at 3:30 P. M. with all members except.Alderman Folkert being.present. The recommendation of the Planning and Zoning Commission that the application for approval of a community development project south and west of McQuillan Drive N..E. in Rockey Creek First Subdivision be approved subject to receipt of a ktter from the Fire Chief approving the proposed fire lane access and assuming that provision has been made for proper and adequate water pressure, was read; the Commission also voted to waive thd.set-back requirements under the Community Development.Project provisions and to approve the plan as submitted. Fire Chief Mertz said this was on the corner and if there was not enough pressure, the people would not have enough water, anything over 1100 feet should be in the high level system. Mayor Day said the City would have to come up with some alternatives because of the hills and terrain here because they would be approached by others and the City can not say they have to remain vacant because water can not be supplied. Mr. Robert Toddie, Architect was present and said he had discussed this with the officials in the Water Department and they had taken tests to show the water flow pressure and these tests showed it to be at the very minimum and he could not say this would be enough,;pressure, he said this was going to be a three story apartment and it might be necessary to install booster pumps, the contractor was aware of this; he said there was no way to tell how much of this land would be developed in the near future but if the water main would be put in there would be adequate pressure, but in the meantime maybe by installing booster pumps they would meet minimum requirements; he said the owners would like to proceed with this construction so they,could have occupancy in 1970. C. A. Armstrong, City Engineer, said there was no way to connect to the high level at this time. Alderman Postier said they wanted to see the development go ahead but the City should be given some assurance that there would be no risk. A motion was made by Cherland, second by Postier, that this matter be tabled until the meeting on August 18, 1969; all present voted in favor. The recommendation of the Finance Committee that the bid of Municipal Services, Inc. in the amount of $2,302.00 for the purchase of Truck No. 1 1963 Ford with 1958 Leach Packmaster be accepted and that the bid of Lloyd Greenlee in the amount of $2,201.00 for purchase of Truck No. 2 1962 Ford with 1962 Garwood Packhr be accepted, was read. Upon motion by Strain, second by Cherland, and all present voting in favor, the recommendation was approved. The feasibility report of the City Engineer that street grading and surfacing, water main extension and service connections in Crenlo-IOI Site (Hendrick's SubdivisiorO from 19th St. N.W. to County State Aid Road # 4 is feasible and recommends its construction, 1 • 1 0 r� extimated costs are $102,500.00, was read together with the recommendation of the Public Works Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 4, 1969 .. ,I 335 1 1 • 1 Committee that the project be constructed with the cost to be assessed against the benefited properties, Lots.4,.5, and'6, Block 1, and Lots 1, 2, 3, 4, and 5, Block 2, of Hendrick's Subdivision. Upon motion by Larson, second by Cherland, and all present voting in favor, the recommendation was approved. The recommendation of the Planning &.Zoning Commission that the request of Kahler Corporation to apply approximately 2" of stone on the exterior columns at First Floor Level of the Kahler Center which would encroach into.the public street right-of-way of 1st Avenue S. W. be.granted subject to the condition that should the public need to use the full right-of-way width at some future time the facing will be removed at the applicants expense, was read. Upon motion by Cherland, second by Strain, and all present voting in favor, the recommendation was approved and the City Attorney was instructed to prepare the', 'I necessary agreement or papers. The recommendation of the Public Works Committee re accepting bids for Job # 5613- 69 Water main extension in 7th St. N.W. to serve Lots 6, 7, and 8, Auditor's Plat "D" was read and upon motion by Strain, second by Ludowese, and all present voting in favor, the recommendation and the bids received were referred to the Public Works Committee for further I I .recommendation. The.recommendation of Tom Moore, Planning Director, that the Council proceed with the annexation of the four areas 75% surrounded by the City and not objected to by the Townships, was read and upon motion by Postier, second by Cherland, and all present voting; in favor, the recommendation was accepted and the City Attorney was instructed to prepare an ordinance annexing the following four parcels: III (1) Lot 7, Block 3, Highland Addition and the right-of-way of 20th Ave. S.W. from the centerline of 2nd St. S.W. to the centerline of 3rd St. S.W.; and the north t of 3rd St. S. W. adjoining Lot 7, Block 3, Highland �I Addition and the West 132 feet of Lot 7, Block 2, Highland Addition. (2) Lots 51, 53 and 57, North Sunny Slopes including -� of the public street right-of-way adjoining Lots 51 and 57. (3) Land located in the SEk Sec. 32-107-14 described as " commencing at the SEk corner.of.the SEk of Section 32-107-14 for a place -of beg. thence West 330.0 feet, north 396.0 feet, east 330.0 feet, south 396.0 feet to (' place of beginning (Judd property) (4) The south one half of the SEk of the SW'k of Sec. 24-107-14(Laresen Property NE)� The recommendation of the Planning and Zoning Commission that the preliminary plat of Valley High Third Subdivision be granted approval subject to redesignating the !� "outlots" to "lots", was read and upon motion by Postier, second by Ludowese, and all present voting in favor, the recommendation was approved. !I The recommendation of the Planning and Zoning Commission that the application for,'I approval of the preliminary plat of Hendricks Subdivision had been reviewed and they find A that this plat conforms to local regulations pertaining to subdivision of land within the City; in considering this proposed subdivision it was necessary to review it in conjunction with other adjoining properties, the existing terrain and potential street pattern for the, entire area; the area that is now in the City is zones M-2 District and the proposed sub- division envisions future industrial use; with these considerations in mind they feel it is necessary to provide for a future street to the east fr om 32nd Ave. N.W. that would go Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 4, 1969 33 1 1 0 1 and gutter and driveways, was read and upon motion by Ludowese, second by Postier, and all present.voting in favor, the license was granted. The application of Rodney R. Watson for a commercial rubbish collectors license, approved by the Director of Public Health, .was read and .upon motion by Postier, second by Ludowese, and all present voting in favor,.the license was -granted. The applications of David A. Shanks, Mike O'Neill and J. Keith Sandmeyer for Journeyman Installers license were each read and upon motion by Larson, second by Postier, and all present voting in.favor, the licenses were granted. The contract bonds of H & H Electric Company in the amount of $18,150.00 with Western Surety Company as surety; Rochester Sand & Gravel, Inc. in the amount of $74,725.0 with Transamerica Insurance Company as surety; and C. M. Boutelle & Sons, Inc. in the amount of $4,864.40 with Capitol Indemnity Corporation as surety, were each presented and upon motion by Larson, second by Postier, and all present voting in favor, the same were accepted and referred to the Mayor for '.approval. A motion was made by Postier, second by Ludowese, that.hearings be ordered on the proposed change of zoning and approval of the community development plan on the property annexed and.owned by Till -Carpenter -Grieve, said hearing to be held at 7:30 o'clock P. M. on September 2, 1969; all present voted in favor. A motion was made by Larson, second by Cherland, instructing the City Attorney to prepare an ordinance annexing the land adjacent to the Till -Carpenter -Grieve -property whi is now over 75% surrounded; all present voted in favor. Upon motion by Postier, second by Strain, and all present voting in favor, the meeting was adjourned until 7:30 o'clock P.. M. President DeVries called the meeting to order at 7:30 o'clock P. M., with the following members being present: President DeVries, Aldermen Cherland, Larson, Ludowese, Postier, Strain. Absent: Alderman Folkert. President DeVries stated this as being the time and place set for hearings on the following projects: ,Hearing on grading and surfacing -of 7th Street N. W. from Chicago .Great Western Railway to west line of Valleyhigh Second Subdivision. There was no one -present wishing be heard. President DeVries declared the hearing officially closed. A motion was made by Postier, second by Ludowese, to proceed with the project; all present voted in favor. Hearing on sewer, water main, grading and surfacing on 41st Street N. W. from 180 Avenue N. W. .to Trunk Highway 52 Frontage Road. There was no..one present wishing to be heard. President: DeVries declared the.hearing officially. closed. A motion was made by Cherland, second.by Strain, to proceed with.,the.project.; all present voted in favor.- w•t;a. Hearing on extension of sanitary sewer and.water service connections in 13th Avenue S. W. from 9th Street..S.W. to serve Lot.55 less the north 10 feet thereof and all of Lots 56, 57, 58, 59, Block 1, Collegeview Addition. There was no one present wishing tc be heard. President DeVries declared the hearing officially closed. A motionwas made by n r Record of Official Proceedings of the Common .Council of the City of Rochester, Minn., August 4, 1969 Strain, second by Ludowese, to proceed with the project; all present voted in favor. Hearing on construction of curb and gutter on both sides of 5th Street S. W. from 15th Avenue to 16th Avenue S.W. and the west end of vacated 5th Street S.W. and sidewalk replacement on the south side as required. Mr. Leon Shapiro of 439 - 15th Avenue S. W. said this would run the length of his property and requested that it be tabled, he said he had not signed the petition and was not in favor of it. . Dr. John Welch of 1520 - 5th Street S. W. urged that this project be completed, he said the largest majority of the people involved were in favor of it and requested that the project be proceeded with. There was no one else present wishing to be heard. President DeVries declared the hearing officially closed. A motion was made by Strain,.second by Ludowese, to proceed with the project; all present voted in favor, except Alderman Larson who."abstained". Hearing on street grading and surfacing, sanitary sewer, storm sewer, water main and service connections stubbed into boulevards on 31st.Street N.W. abutting Tower jerrace Subdivision. There was no one present wishing to be heard. President DeVries declared the hearing officially closed. A motion was made by Postier, second by Strain, to proceed with the project; all present voted in favor. Hearing on proposed assessment for (1) widening and repaving East Center street from Zumbro River to llth Avenue East and (2) replace sewer and water services to certain properties abutting the repaving project on East Center Street from Zumbro River to llth Avenue S. E. H. S. Patterson of 1019 East Center inquired if this meant there was -going to be more improvements on East Center Street and was told this was just a hearing on assessing the work that had already been done. There was no one else present wishing to be heard. President DeVries declared the hearing officially closed.. A motion was made by Larson, second by Cherland, to proceed with the assessment; all present voted in favor. Hearing on proposed change of zoning on property located in NW'k of Section 33-107-14 lying east of Country Club Manor and north of .the drainage easement from R- to R-4 District. There was no one present wishing to.be heard. President DeVries declared the hearing officially closed. A motion was made by Ludowese, second by Postier, instructing the City Attorney to prepare an ordinance making the requested zone change; all present voted in favor. Hearing on proposed change of zoning on Lots 14-19, Block 1, Meadow Park 5th Subdivision and Lots lr103, Block 4, Meadow Park 8th Subdivision from the R-1 to the R-2 District. There was no one present wishing to be heard. President DeVries declared the hearing officially closed. A motion was made by Cherland, second by Ludowese, instructing the City Attorney to prepare an ordinance changing zoning on Lots 14-19, Block 1, Meadow Park 5th Subdivision to R-2. District (Lots 1-10, Block 4, Meadow Park 8th Subdivision cannot be changed at this time because the final plat has not been approved and recorded); all voted in favor except Alderman Larson who "abstained". Hearing to consider the proposal to dissolve and terminate the Housing and Redevelopment Authority of Rochester, Minnesota. A letter signed by Wesley C. Ewert urging.-- • 1 0 Record of Official Proceedings of the Common Council 3 3 9 of the City of Rochester, Minn., August 4, 1969 1 • 1 1 6 1 that the Council vote to keep current the power and authority vested in the arm of governmer represented by housing and re -development was read and ordered placed on file. Mr. David Bach of 207 5th Avenue S.W., Vice President of the Chamber of Commerce, said they had a housing task force that is very interested and in favor of the housing program and urged that the Housing Authority be left as it is. Mr. E. W. Quirin, Chairman of the Chamber Tasi Force, spoke at length in favor of keeping the Authority, he said he thought the Housing Authority has been tied to closely with Urban Renewal, he said he felt something should be done for the elderly and low-income people and that a federally financed low-cost housing project is tied into the workable program and once this is not certified or abolished there is no chance for federal construction costs; he said federal funds are used for sewer, water etc. and could also be used for assistance for housing and there were many people.that need' such help; he urged that it be left dormant at this time; he cited figures of low income -in the City and also living costs. Mr. Jerald Farrington of 1137 - 6th Avenue S. E., a social worker, said he worked directly with Senior Citizens and there was a great need for low cost housing in Rochester and urged that the Housing Authority be left a legal entity even though its role be inactive, at least until completion of low cost housing surveys. Mrs. Marion Martin of 719 - 7th Avenue S. W. said she was one of the vociferous opponents of the Housing Authority, -she said she felt the election last February proved the people did not want the Housing Authority and felt the two main contributing factors to the defeat were the stringent housing code and the-uniimited authority given to the Housing Authority;) she said she did not feel any unelected body should have unlimited authority and if the Council feels that public housing is necessary it should go to a referendum vote and be decided by the people. Mr. Donald Brown of 801 3rd St. S.W. said he was a senior citizen and did not think this should be abolished. Mrs. Bridget Chase of 422 - 3rd Ave. S.E., Mrs. Blanche Lair of 321 - 21st St. S.W., Miss Zeta Glennon of 827 - 12th St. N. W. and Mr. Irwin Miller of 921 - 3rd Ave. S.E. each spoke in favor of abolishing and dissolving the Housing Authority. Rev. E. M. Tungseth of 836-3rd Ave. S.E. said he had listened to this debate and one side talks about the need to have low cost housing and have adopted this neei for some of the residents of the Rochester community and the other side talks about an authority that are not responsible to the citizens without election, if there is a need and this authority is abolished, how do we go about taking care of the needs of these people; -he said he felt some plans should be prepared. There was no one else present wishing to be heard. President DeVries declared the hearing officially closed. A motion was made by Postier, second by Ludowese, that the City Attorney be instructed to prepare a resolution dissolving and terminating the Housing and Redevelopment Authority; all present voting in favor thereof, except President DeVries and Alderman Larson who voted "nay", the City Attorney was instructed to prepare the necessary -resolution. The.recommendation of the Planning & Zoning Commission stating that they had reviewed the petition to change the zoning districting on the Graham property located on the west side of 3rd Ave. S.E. between 8th St. S.E: and 9th St. S.E. from the R-2 and the 0 F'340 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 4, 1969 Is R-4 District to the B-3 District and find that this property is located between two major thoroughfares.namely South Broadway and 3rd Ave. S.E. and is,bordered on the west by the Chicago and Northwestern (formerly Great Western) Railroad; to the north is an industrial district containing the Rochester Dairy Plan and an office building, to the west is the railroad, to the south is the Olmsted Medical Group Clinic, some residences and the 7-Up Bottling Company; the City's adopted land use plan indicatesthe west portion of this area as being best suited for future industrial use and the remaining area is currently designated for residential use; the ROTPS General Development Plan projected this entire property as being best suited for future industrial use; based on these findings they recommend that this petition be granted approval, subject to the owners developing the property according to the provisions of Article 47, Neighborhood and Community Shopping Centers of the Zoning Ordinance, was read. A petition with 212 signatures opposing the proposed zone change was presented and ordered placed on file. A letter from Mrs. Hyacinth K. Rasmussen of 908 Third Avenue S.E. protesting the zone change was also presented and ordered placed on file. An analysis of the petition of protest, prepared by Tom Moore, City Planning Director, showing that the petition was.signed by less than 20% of the owners of property within 200 feet of the outer pe]Eniter of of the property proposed to be rezoned and therefore the petition is invalid, was presented and ordered placed on file. A letter from the City Committee on Beautification requesting that the following be incorporated in the proposed site plan, was read and also ordered placed on file: (1) the existing wall and platings along 3rd Ave. S.E. be restored and retained and that a wall of similar character be extended all the way to 9th St.(possibly brick from the "Graham" home would be used for this) (2) that certain individual or groups of trees be retained within a setting, thiswouldinvolve islands and/or raised curbs around the trees, we would be more than willing to work with the developers in preparing a plan to accomplish this and (3) they feel that the loss.of.parking spaces would be more than offset by the beauty and improved environment that would be gained by such a change as we have proposed, and feel it would be a tragic mistake to not take advantage and preserve some of the existing beauty of this setting, they feel their proposals would also add to the protection of the adjoining properties and help create a better feeling of good will among the adjoining property owners. Mr.Harold Robertson was present in behalf of the owner Mr. Paul Moore, who was unable to be here because of the airplane strike and requested that it be delayed until the next meeting, but as long as there were so many people here he knew Mr. Moore would not object to them being heard; he said Mr. Moore had agreed to go along with the three recommendations of the Beautification Committee and was willing to discuss with the Common Council anything they want to have done on the property when he gets back; he said Mr. Moore was definitely not going to build an oil station and the only thing he knew that was being worked on now was a family type restaurant that would open at about 8:00 A.M. and close about.10:00 P. M.; he said there was no question on the buffers on 3rd Avenue; he said they had drawn the entrances at 30 feet and the City requirement is 28 feet so they have agreed to cut them back to 28 feet; they also agree to set the sign back to the requirement Mr. Moore pointed out; C. A. Armstrong, City Engineer, said there was one issue that 1 J 1 1 1 i Record of Official Proceedings. of the Common. Council of the City of Rochester, Minn., August 4, 1969 341 1 1 0 1 still had not been settled and that was the construction and development of 9th Street to Broadway and who would assume the costs. Mr. Robertson said one of the things K-Mart must have is the construction of 9th Street, their lease hinges on this and he said the City would not have to bear any of the costs of continuing 9th Street from the Railroad to 3rd Avenue. Mr. Armstrong -said that the cost of the 150 feet from Broadway to the Railroad tracks would be about $100,000.00 and this cost would have to be borne by someone, the portion from the railroad to 3rd Avenue could be borne by the abutting property owners. Mr. Frank Wilkus of the Olmsted Medical Group said they have agreed to going through with this 33 feet of right-of-way but an easement does not benefit Olmsted Medical Group as it does K-Mart and he thought they should bear their proportionate share of this. Mr. Irvin Miller of 921 - 3rd Avenue S. E. waspresent and inquired if any projections had been made on the traffic on 3rd Avenue, he said their main objection was to the increase in traffic and when that got high there would be parking prohbition very soon. Mr. Armstrong said no projection had been made based on K-Mart, he said there was an average of about 8000 daily on 3rd Avenue now and when this gets up to 10,000 they would start talking abo prohibiting parking. After hearing those present a motion was made by Postier, second by Ludowese, that the recommendation of the Planning & Zoning Commission be accepted and a hearing on the proposed zone change be set for 7:30 o'clock P. M. on September 2, 1969; all present voted in favor. A motion was made by Ludowese, second by Cherland, that the recommendation of the Planning & Zoning on application for approval of the preliminary plat of K-Mart Plaza Subdivision and the recommendation of the Planning &.Zoning on the application for approval of the preliminary community shopping center plan for K-Mart to be located on the Graham Property S.E. be tabled until after the hearing on the proposed zone change; all present voted in favor. The recommendation of the Public Works Committee that the Common Council proceed to purchase approximately 252 acres of land owned by John S. and Elizabeth R. Locoshonus for a price of $72,000, this property is to be used for the operation of a sanitary land fill; two appraisals were secured on this property which tend to substantiate the above price as representing fair market value; and further recommend that a resolution be adopted authorizing and directing the Mayor and City Clerk to execute a purchase agreement in the amount of $72,000 for the acquisition of said property, was read. A motion was made by Ludowese, second by Strain, that the recommendation be accepted. Mr.A. E. Sheridan of Waukon, Iowa and associated with James Knudsen of St. Paul, was present and said he represented the Town of Oronoco, the Sschool District and a large number of people, 334 people of that community who are opposed to the acquiring of the property for the purpose of operating what is commonly known as a "dump"; he said there was an order on record here in District Court from the Judge that says this Honorable Bodyshall not attempt to construct a.land fill disposal or to do anything toward the construction until these Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 4, 1969 u requirements are fulfilled; he said if this body proceeds there could be a lengthy legal battle and plans to utilize the -site would be•delayed; he said any unfavorable ruling on the townships bid for a restraining order would be appealed to the State Supreme Court and if the court's rule in favor of the City there will be many individual damage suits filed; he urged that the Common Council reconsider their action. Mr: Robert Koenig of the Oronoco Town Board objected to the location and also to the fact that they had•not been notified of any action coming up. Mr. Robert Tiede, Mr.Wm. Micka, Mr. Charles Tucker, Mrs. Katherine Micka, and Mr. Gerald Tiedeman were each heard in opposition. After further discussion, President DeVries called for a vote on the motion to approve the recommendation and all present voted in favor. • •A motion was made by Larson, second by Postier, that -the following resolutions be adopted in block and all present voted in favor. A motion'was then made by Larson, second by Ludowese, that the -said resolutions be adopted as read and all present voting in favor, President DeVries declared the said resolutions duly passed and adopted: Resolution authorizing the Public Utility Board to enter into contract with Woodhouse Bros. for installation of new roofing at the garage and warehouse building. Resolution approving appropriation of $425,000.00 to Rochester State Bank, First National Bank, Northwestern National Bank and Olmsted County Bank & Trust for purchase of CD's. Resolution authorizing City Engineer to construct extension of sanitary sewer and water service connections in 13th Ave. S.W. from 9th St. S.W. to serve Lots 55 less north 10 feet thereof and all of Lots 56, 57, 58, 59, Block 1, Collegeview Addition. Resolution authorizing City to enter into agreement with State of Minnesota Highway Department for traffic control signal and street light on T.H. 14 and T. H. 52 at 12th and 15th S. E. Resolution accepting bid of Municipal Services, Inc. St. Pail and Lloyd Greenlee of Chatfield for sale of two used refuse trucks. Resolution adopting assessment roll for widening and repaving East Center Street from .Zumbro River to llth Avenue and East and replacement of sewer and water services to certain properties abutting the repaving Project on East Center Street from 'Zumbro River to llth Avenue S. E. Resolution ordering a public hearing on street grading and surfacing, water main extension and service connections in Crenlo-IOI site from 19th St. N.W. to County State Aid Road #4. Resolution -ordering bids for street grading and surfacing, water main extension and service connections in Crenlo-IOI site (Hendrick's Subdivision) from 19th St. N.W. to County State Aid Road #4. Resolution ordering bids for grading and surfacing of 7th St. N.W. from C.G.W. RR to west line of Valleyhigh Second Subdivision. Resolution ordering bids for street grading and surfacing, sanitary sewer, storm sewer, water main and service connections stubbed into the boulevard on 31st St. N.W. abutting Tower Terrace Subdivision. Record of Official Proceedings of the" Common Council of the City of Rochester, Minn., August 4. 1969 3-4-3 1 i k 1 0 Resolution accepting bid of Riverside Sand & Gravel Company for street grading surfacing, sanitary sewer, storm sewer, water main and service connections in 19th Avenue N.W, from Cascade Street to 33rd St. N. W. Resolution granting one public dance permit to Rochester Benevlolent Association. Resolution authorizing execution of Subdivision Agreement with Metro Development Corp. for Valhalla Second and,Valhalla Fourth Subdivisions. Commerce. Resolution approving additional collateral at Rochester State Bank. Resolution granting one public dance permit to the Rochester Area Chamber of A motion was made by Strain, second by Postier, that the semi-monthly bills in the amount of $455,778.54, list attached hereto, be approved and all present voted in favor. A resolutionapproving the purchase of the property owned by John S. Locoshonas and Elizabeth R. Locoshonas located generally in the west half of Section 27 and the east half of Section 28, Township 108, Range 14, for the price of $72,000.00 and that the Mayor an( City Clerk are authorized and directed to sign on behalf of the City of Rochester the contract to purchase, a copy of which is attached as Exhibit A and made a part hereof, and that there is appropriated from the Permanent Improvement Fund the Jum of $72,000.00 for payment of.the purchase price, subject to the terms and conditions of the contract to purchase, was read. Mayor Day asked if this should not be delayed for a time, if the City was not endangering their position on the injunctionin court by signing this before this was settled. Mr. Gerald Swanson, City Attorney, said he could see no reason why it could not signed now and did not feel it would endanger the City`s case. A motion was then made by Ludowese, second by Strain, that the said resolution be adopted as read and all present voting in favor, President DeVrie; declared the said resolution duly passed and adopted. The following resolution was read: WHEREAS, a public hearing having been held upon ten days published notice concerning a proposal before the Common Council to dissolve the Housing and Redevelopment Authority of Rochester, Minnesota, and WHEREAS, all the conditions of Minnesota Statutes 1967, Section 462.545 pertaining to the dissolution of the Housing and Redevelopment Authority of Rochester, Minnesota have been met. NOW THEREFORE, be it resolved by the CommonCouncil of the City of Rochester that the Housing and Redevelopment Authority of Rochester, Minnesota is hereby dissolved and terminted and all propeety, records, assets, cash ,or other funds belonging to the Authority and which are not subject to claim by the Federal Government shall be transferred to and become the property of the City of Rochester. BE IT FURTHER RESOLVED that the City Clerk is directed to submit a certified copy of this resolution to the State Housing Authority and to the appropriate agencies of the Federal Government. A motion was made by Postier, second by Ludowese, that the above resolution be adopted as and all present voting in favor, eccept President DeVries and Alderman Larson who voted "nay", the resolution was adopted. A resolution granting a conditional use so -that an interior design office can be at 406 4th Street S. W. subject to addition of two off-street parking stalls on the property, uas read. Upon motion by Larson, second by Postier, and all present voting in favor, the resolution was adopted. 344 Record of Official Proceedings of the -Common Council of the City of Rochester, Minn., August 4, 1969 A resolution authorizing and directing the Mayor and City Clerk to execute on behalf of the -City the contract between the City and Crescent Park, Inc. relative to construction of local improvements in part of Crescent Park 8th Addition; was read. Upon motion by Larson, second by Ludowese, and all present voting in favor, the resolution was adopted. An Ordinance relating to the Housing Code of the City of Rochester, Minnesota; amending Sections 42.110, 45.040, Paragraph (b), and Section 46.140 of the Rochester Code of Ordinances and -repealing Ordinance No. 1468, was given its third and final reading. +otion was made by Postier, second by Strain, that the said ordinance be adopted as read and all present voting in favor, except President DeVries and Alderman Larson, who voted "nay", President DeVries declared the said ordinance duly passed and adopted. An Ordinance rezoning certain property and amending the Zoning Ordinance of the City of Rochester, Minnesota (change Lots 1 through 9, Block 4, Crescent Park 8th Addition to R-3 Multi -Family Residence) was given its second read. Upon motion by Larson; second by Strain, 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 Larson, second by Strain, that the said ordinance be adopted as read and all present voting in favor, President DeVries declared the said ordinance duly passed-;,, and adopted. An Ordinance rezoning certain property and amending the Zoning Ordinance of the 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 second reading. :Upon motion by Strain, second Larson, 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 madeby Postier, second by Ludowese, that the said ordinance be adopted as read, and all present voting in favor, President DeVries declared the said ordinance duly -passed, and adopted. An Ordinance rezoning certain property and amending the Zoning Ordinance of the City of Rochester, Minnesota (change the east 25 feet of 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 second reading. Upon motion by Bostier, second by Strain, and upon roll call and all present voting in favor, the rules were suspended and the ordinance was given its third and final reading. Amotion was then made by Postier, second by Ludowese, t hat the said ordinance be dopted as read and all present voting in favor, President DeVries declared the said ordinance ly passed and adopted. A resolution that the charges of misconduct on Carl Hutchings were determined to be 11 founded and suspending Carl Hutchings from city employment for a period of three weeks, was ead. Upon motion by Postier, second by Ludowese, and all present voting in favor, the resolution s adopted. A motion was made by Postier, second by Strain, that a hearing be set for 7:30 c'lock P. M. on August 18, 1969 on proposed variance on Lot 3, Blk 28, Hutchings Replat; all voted n favor. Upon motion by Postier, second by Strain, the meeting was adjourned until•7:30 'clock P. M. on August 18, 1969; all present voted in favor. • 1 0 City Clerk 11 0