HomeMy WebLinkAbout05-18-1970572 Record of Official Proceedings of the, Common Council
of the City of- Rochester, Minn., May 18, 1970 •
Minutes of an adjourned meeting of the Common Council of the City of Rochester,
Minnesota, held in the Council Chambers in the City Hall, in said City, on May 18, 1970.
President Postier called the meeting to order at 7:30 o'clock P. M., the following
members being present: President Postier, Aldermen'Cherland, Larson, Ludowese, McNary, Strain,
Willmarth. Absent: None.
Upon motion by.Ludowese, second by Willmarth, and all voting in favor, the minutes
of the meeting of May 4, 1970 were approved. .e
on proposed assessment
Hearing/on Crossroads Center Approach,.Storm Sewer, Water Main and Sanitary Sewer
Modifications. Mr. Norman Carpenter, Attorney from 1300 NW National Bank Building, Minneapolis,
appeared in behalf of Crossroads Center, Inc. and Gerald Schoenfelder; he said the hearing was
set on four points (1) approach (2) storm sewer (3) water main and (4)' sanitary sewer modifica-
tions, they reviewed the assessments and have no objections to the approach or sanitary sewer
b ut would like to propose objections to the water main and storm sewer; in regard to the water
main, the amount of the assessment is proposed to be over $31,000 and is against the commercial
property in the Crossroads Center Area, he said they opposed this in 1965 and now again on the
grounds that only commercial property is being assessed which exempts residential and they do
not feel this is proper because the residential area is also being benefited by having more
water available and higher water pressure and they feel that commercial should bear the major
expense but that the residential and also the City should pay some; he proposed that the
commercial property pay 60%, the residential 30% and the City pay 10% because of the hydrants
involved. In response to the storm sewer, the proposal that Crossroads Center sees in this
regard relates to the next item on the agenda which relates to the storm sewer extension that
goes beyond Crossroads and ties into the storm sewer that has been constructed; the main
storm sewer runs behind Crossroads Center property and across the golf course and south to
14th Street and laterals to the side, the property has been divided, � to residential and
to commercial which we believe unfairly describes the benefits and overburdens the commercial
property; as I understand there wassome discussion at the time of the annexation as to the City
assuming the cost of part of the storm sewer but in discussion with Mr. Schoenfelder, he could
never readh an agreement with the City; in any event, the City has split the property in two
parts -North and South -and has assumed � the cost of the North k of the project; they propose
that the two projects be lumped together comprising the total storm sewer project and the City
assume k of the total and the rest be assessed on the basis of the formula they proposed in
1965. Alderman Strain inquired if Mr. Carpenter contends that the residents in the area should
pay for some of the water services because they did not have the pressure available. C. A.
Armstrong, City Engineer, said before Crossroads Center was built the land was entirely reside-
ntial and the water main was put in in 1946 on that basis and as far as he knows it was
adequate and they had enough pressure for fire protection. Alderman Strain then said he did
not think the residents should share in the water costs. Alderman Larson said he thought
the proposition to change this was just another delaying tactic, we have put up with this for
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., May 18, 1970
573,
five years already, and he did not think the commercial establishments were being unduly
taxed and thought the Council should proceed.' Mr. Stanley Whiting of 1403 - 3rd Avenue S.W.
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said they had ho knowledge of this assessment, they moved into their place shortly after the
work was completed and according to the contract all assessments were paid, he said he had one
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question, he would like to get out of paying but he knows it has to be paid some way through
some means and inquired how it could be paid and what rate of interest. President Postier
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told him:, it could be paid over a period of five years and the interest rate would be 5%.
Mr. Elmer'Litke of 1515 2nd Avenue S. W. said he bought his property a year-ago in May and
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thought there was a clear title,. if this was done 5 years ago, why was it not put on before, �
there were two people before him that owned -the -house and when he bought it he thought he had
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clear title, why was there not something put on the abstract showing there was something due.{�
C. A. Armstrong, City Engineer, then briefly reviewed the projects and showed maps of where
itthe projects had been constructed in the area: Mr. Lloyd Nelson of 1546 4th Avenue S. W.
inquired if his property would be assessed again -if -and when the property south of 16th Stree
would be annexed, his property is just the second lot from 16th Street. C. A. Armstrong
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said it'is impossible for him or anyone to tell you what will happen in the future, but on !
iIthe basis of the present program there would not be ---.an assessment for sewer south of here, l
but you always have to remember that every assessment is passed on by the Council; he said hej
had no reason to believe there would be further assessments on that area. Mr. Robert
Fetterman of 1403-`Ath Avenue S. W. said they purchased their home from Magnuson Realty in �)
1967'and were not informed of anything relative to such an*assessment, he asked if the if
improvement were not paid for by the develope and also how would he go about referring this �I
back to the original owner, is it not customary for the developing company to be charged-withll
the 'assessment at the time the area is developed and could he assume that the prior owner I1
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be charged with the assessment: Mayor Day said if the assessment project was put in in 1965
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and it was purchased after that, the one that wold the home should have paid the amount,or•
put in escrow the amount of,the appropriate figures, unless you had -a written agreement that
you would assume it. C: A. Armstrong said that now on,new subdivisions we require the
• developers to put'in all the facilities that can be -done but it was not done in this case
because this was'first built in 1946 and at that time it was not required, but he said he
recalled that it was recommended that a storm sewer be put in and why it was not done at that
time*he does not know, Graham Addition needed a storm sewer from the time it was built but it
was only after the outfall was built that we could go ahead. Mr. Gerald Stehley of 1532 -
2nd Avenue S.W. asked it it was customary to assess in this manner and wait until a project
is five years old (Mr. Armstrong -said it'is unusual); so actually if the house would have
chan edhands there would not have been'a lien against it he said the hired an attor to
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t ake care of this 'and maybe they should pay for it. Alderman Strain said it is unfortunate
for us or anyone else but it has to be taken care of, he said he thought the biggest objection
is'that people bought homes and were not informed about the assessment. Gerald Swanson, City
Attorney said whether or not the former owner can be required to pay the assessment would
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., May 18, 1970
depend on the agreement, there has not been a record in the City Clerk's office by property
description that this assessment was pending but only an assessment that had not been approved
by the City Council. Dr. Richard Christiana of 1508 3rd Avenue S.W. in if the figure of
$18,988 is the cost of the extension of the storm sewer or of the total (Mr. Armstrong said
this amound includes only the extension of the storm sewer from 640 feet north of 14th St. up
to 14th Street and in 14th Street from 2nd to 4th Avenue and does not include any of the cost
of the outfall); Dr. Christiana asked if there was any grounds to go to their Attorney of two
years ago who said there were no assessments against it, they paid an attorney $160.00 tocheck,
he asked if it was the opinion that the Attorney was at fault or is it the fault of the City for
not hawing it on record. Mr. Gerald Swanson, City Attorney, said he did not think that the
Attorney was at fault because the assessment was not spread against the property, he said he
thought the City as at fault for having the assessment pending but not spreading it; he said
you could check the agreement you had and see if it says the person you bought it from agreed
to assume all assessments. Mr. Merlyn Dickie of 1420 3rd Ave. S. W. said when he got the
notice he went right down to his Attorney and he told him when the project was completed it was
up to the City to file it, when Crossroad Center put the fill in they stopped the natural water
and they all have a natural fall of 6" to every foot,so when they put the fill in that was
what the trouble was, he said he thought it all stems to Crossroads and Farm and Home and -they
are getting the whole benefit and they should pay. There was no one else present wishing to be
heard. President Postier declared the hearing officially closed. A motion was made by Ludowese,
second by Willmarth, to proceed with the assessment and adopt the resolution approving the
assessment roll for Crossroad Center Approach, Storm Sewer, Water Main and Sanitary Sewer
Modifications; all voted in favor.
Hearing on proposed assessment for extension of storm sewer in 3rd Avenue N. W.
from 640 feet north of 14th Street S. W. and in 14th Street S. W. from 2nd Avenue to 4th Avenue
S. W. There was no one present wishing to be heard (all interested parties were heard at the
previous hearing). President Postier declared the hearing officially closed. A motion was
then made by Larson, second by McNary, to proceed with the assessment and adopt the resolution
approving the assessment roll for extension of strom sewer in 3rd Avenue N. W. from 640 feet
north of 14th Street S. W. and in 14th Street S.W. from 2nd to 4th Avenue S.W.; all voted in
favor.
Mr. George Holter of Rochester Bus Lines was present and requested permission to
install signs at the various bus stops; he had a sample of the,;sign which was made of flexi-
glass and stainless steel and is waterproof, the sign would contain the bus schedules and
telephone numbers of the Police and Fire Department. He said he planned on buying about 50
signs to be paid by the Bus Company and if it was successful he hoped the City would consider
purchasing more. Upon motion by Willmarth, second by Larson, and all voting in favor, the
matter was referred to the Public Safety Committee, Mr. Holter to appear at their next meeting.
Upon motion by Strain, second by Ludowese, and all voting in favor, the meeting
was recessed for 5 minutes at 8:30 p.m. The meeting was called to order again at 8:35 with all
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Record of Official Proceedings of the ' Common , Council
of the City of Rochester, Minn., May 18, 1970
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members being present.
Mayor's appointment of Michael D. King of 2438 26th Street N. W. as a member of
the Community Relations Commission, term of office to be for three years and expire May 1,
1973. Upon motion by Willmarth, second by Cherland, and all voting in favor, appointment
approved.
Permit to move a garage (Howard Anderson) from 818 7th Avenue S. W. to a
location outside the City. Upon motion by Cherland, second by Larson, and all voting in
favor, permit granted.
Request of Olmsted County Memorial Association for a parade permit for Memorial
Day, May 30, 1970. Upon motion by Ludowese, second by Cherland, and all voting in favor,
permit granted.
Petition for sidewalk improvements on Zumbro Drive N. W. between 5th Avenue
N.W. and 27th Street N.W. Upon motion by Cherland, second by Strain, and all voting in
favor, a resolution was adopted referring the petition to the City Engineer and Public Works
Committee for determination of adequacy, feasibility report and recommendation.
Request to extend the sewer and water services to the Conway property southeast
of Rochester. Upon motion by Cherland, second by Strain, and all voting in favor, a resolu
tion was adopted referring the request to the City Engineer and Public Works Committee for
determination of adequacy, feasibility report and recommendation.
Upon motion by Cherland, second by Willmarth, and all voting in favor, the
following applications for licenses were approved. Cigarette (58) Wood Motor Lodge, Glenn's
Sinclair Service, Mr. Pizza, 7 Up Bottling, East Center Standard, Snyders Drug (2), Maple
Island Store#l, Eddies Mobil, IBM, Colonial Park Restaurant, Waters Inst., Milos Standard,
Marigold Dairies, Finseth Sinclair, Shelstads Standard, Adamson Motors, Antons Grill, Osco
Drug (2), Distads Mobil, Bilottis, Campbell Hotel, Donahues Texaco, Tom Kruse, Rochester
State Bank, Union Bus Depot, S & N Standard, City Hall Employees, Hunt Drug Store, Octopus
Car Wash, West Side Dist (2), Jensen Standard, Colony Inn Motel, Silver Lake 66, Lynn's
Cafe, Burke's Car Care Center, Dalys West Side Texaco, Bobs Northgate Standard, Zapata,
Ability Building Center, Dennys Conoco, Reeves Drugs, Andrist Conoco, Knowltons Standard,
Holiday Texaco, Clarks Super, Green Parrot, Von Feldts, Als Auto Service, Northeast Skelly,
Hotel Trius, Hillcrest Skelly, Fifth Avenue Motel, Miracle Mile Coffee Shop, Wongs Cafe.
Off Sale 3.2 Beer License (2) - Snyders Drug; Master Installer - Oswin H.Elker.
Recommendation to initiate five separate sidewalk replacement (assessment)
projects, Nos. 2501-2-70; 2502-2-70; 2503-3-70; 2504-4-70 and 2505-3&4-70. Upon motion by
Willmarth, second by Ludowese, and all voting in favor, the recommendation was accepted and
resolutions (a) referring proposed improvement for feasibility report and recommendation
and (b) receiving preliminary report, ordering a public hearing and directing preparation ofl
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plans and specifications were adopted.
Recommendation of Public Works Committee that the recommendation dated July 1,
1968 regarding assessment of costs of sidewalk to corner lots be amended to read in its
entirety as follows:
"That one half of the cost of sidewalk construction or replacement on the
576 Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., May 18, 1970
"That one half of the cost of sidewalk construction or replacement on the
long side of corner residential lots in developed areas of the City be paid
from City Funds. -
in the application of this policy a lot will be considered residential only
if it is occupied as a single or two family dwelling, or if vacant, is
zoned for single or two family residential use."
Upon motion by Ludowese, second by Strain, and all voting in favor, the recommendation was
approved.
Proposed assessment on Sidewalk Project 21-W-1969 (East side of 18th Avenue N.W.
from Cascade Street N. W. to 33rd Street N.W. South side of 28th Street N.W. from 18th Avenue
N.W. east ti sidewalk in place). Upon motion by Ludowese, second by Cherland, and all voting
in favor, resolutions (a) declaring cost to be assessed and ordering preparation of proposed •.
assessment and (b) ordering'a hearing on the proposed assessment were adhpted.
Recommendation of Public Works Committee that after reviewing the two protests
of assessments on the widening, paving, and partial sidewalk rep lacements.on 2nd Street S.W.
from 5th to llth Avenue S.W. and replacement of sewer and water services at certain properties
abutting the repaving project that (1) assessment on"Parcel 024002, plat 0100 owned by T. C.
Hoffenspringer be assessed as proposed and (2) parcel 03400, plat 1600 owned by Dr. W. E.
Cotton be corrected so the frontage is 51 feet instead of 58 feet and the total amount of the
assessment be changed'to $637.50 instead of $725.00, this leaves the assessed amount of the
project at $48,798.04.' Upon motion by Willmarth, second by Ludowese, and all voting in favor,
the resolution approving the assessment roll for this project was'adopted.
Recommendation of Engineer Department, Traffic Division, that a resolution be
adopted authorizing the Traffic'Engineer to proceed and complete the Inventory of the State
II TOPICS Area. Alderman Ludowese said he thought it was premature to approve this now when
the hearing on Stage I had not even been held yet. A motion was made by Larson, second by
Willmarth, that the recommendation be approved and the Traffic Engineer proceed, all voted in
favor except Alderman Ludowese who voted "nay".
Upon motion by Larson, second by Cherland, and all voting in favor; the
request of the Engineers Department, Traffic Division that the Council adopt a resolution to
establish a loading zone with a 15 minute limit in front of theaters between the hogs of 8:00
a.m. and 6:00 p.m. was tabled until the next meeting.
A motion was made by Strain, second by Willmarth, and passed unanimously, that the
semi-monthly bills, list attached, in the amount of $176,550.45 be approved.
Tabulation of bids for furnishing liquid chlorine at the Sewage Treatment Plant.
Bids received were Lyon Chemicals, Inc. $7.50 per cwt; Hawkins Chemical Co. $8.00 per cwt; Jones
Chemical $8.00 per cwt; and Thompson Hayward $8.00 per cwt. A motion was made by Larson, second
by Ludowese, that the low bid of Lyon Chemicals, Inc. be accepted; all voted in favor.
Report from Parks & Recreation that they would approve the request made by Mr.
F. Michaels for park facilities for the June 7 Art Festival and would cooperate with them in
making these facilities avaailable as in the past. Upon motion by Larson, second by Strain, and
all voting in favor, the request Qas approved with the addition that the street on the South side
of the Auditorium be open for two way traffic for that one day only;
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., May 18, 1970
577
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Recommendation of Planning & Zoning that the petition to annex the land south of
20th Street sS. E. and East of C.S.A.H No. 1 be approved. Upon motion by Larson, second by
Ludowese, and all voting in favor, the recommendation was referred to the Public Works
Committee.
Recommendation of Planning & 'Zoning that the City Purchasing Agent be authoriz
to purchase refuse containers. Upon motion by Larson, second by Ludowese, and all voting in
favor, this matter was referred back to the Finance -Committee and the Public Works Committee
for further review.
Request for a license to sell non -intoxicating malt beverages, on -sale, during
the annual county fair from August 4th through August 9th. Upon motion by Larson, second by
Ludowese, and all voting in favor, the request was approved, the license fee to be $15.00.'
Resolutions adopted by the Public Utility Board (1) authorizing the Board to '
enter into a licene agreement with Chicago & Northwestern Railway Company to construct,
install, maintain and use an electric transmission line over the tracks and wires of the
Railway Company (2) approving a change order to the contract with Adolfson and Peterson for
Power Plant Building Addition (3) authorizing Mayor and City Clerk to execute release and
indemnifying agreement dated February 2, 1970 between City, Adolfson and Peterson and
Seaboard Surety Company relative to contract for Power Plant Building Addition and (4)
authorizing Mayor and City Clerk to execute release and indemnifying agreement dated 2-12-70ii
between City, Grinnell Company, Inc. and Federal Insurance Company relative to the contract
for Fire Protection for Electrical Transformers. Gerald Swanson, City Attorney said he
was holding #1 because the rates have gone up so high and he wanted to do some checking.
A motion was made by Larson, second by Cherland, and all voting in favor, that three
resolutions be adopted approving No. 2, No. 3 and No. 4.
Resolution approving the proposal to settle and dismiss the appeal of Dale and
Doris Cravath , from award of damages on Norton Hotel Property, and appropriating from the
General Fund of the City the sum of $140,067.00 to be disbursed by warrants on the Treasury
of the City of Rochester pursuant to the terms of settlement. Upon motion by Larson,
second by Ludowese; and all voting in favor, resolution adopted.
Resolution amending the resolution establishing taxicab, limousine and sight
seeing bus stands in the City, amending Sections 8 and 9 as follows:
"(8) Two taxicab stands on Second Avenue Southwest on the west side
of the street just south of the intersection with First Street Southwest
on Monday through Friday."
"(9) Two taxicab stands on First Street Southwest on the south side
of the street just west of the north entrance to Mayo Clinic Diagnostic
Building on Monday through Friday."
Upon motion by Ludowese, second by Larson, and all voting in favor, resolution adopted.
Resolution amending the Parking Resolution as follows:
(1) Section B, No Parking Zones, is amended by adding paragraph 12.5
to read as follows:
"(12.5) East Center Street on the North and South side of the
street from llth Avenue to a point 120 feet more or less east
thereof at all times."
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578 Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., May 18, 1970 •
(2) Section J,. Passenger and. Commodity Loading 'Zones,. is amended by
adding paragraph 1 to read as follows:
'(1) First Avenue Southwest on the. west side.of the street
35 feet.more or less in front of the premises known as 415 1st
Avenue Southwest."
(Upon motion by Willmarth, second by Ludowese, and all voting in favor, resolution adopted.
Resolution authorizing and directing Mayor and City Clerk to execute
a Supplemental Agreement, providing for an Inventory of Phase II of the Traffic Operations
(Program (TOPICS). Upon motion by Larson, second by Cher land, and all voting in favor except
Alderman Ludowese who voted "nay", the resolution was adopted.
Informationitems
1. Minutes of Standing Committee.
2. Budget Calendar.
3. Letter from Olmsted County Memorial Assn. to ride in parade.
4.* Letter from Mrs. J. J. Egan re construction of K-Mart and destruction of'Graham Estate.
5. Minnesota Highway Department Maintenance Agreement - Referred to City Engineer
6. Referred to Planning & Zoning:
a. petition for change of zoning on North Broadway south of Northern
Heights Drive to B-3 - Roderic Pagel
b. petition for change of zoning at 1401 Marion Road to R-3 - John Pervin
c. petition for annexation at 1401 Marion Road - John Pervin
d. application for approval of trailer coach park plan revision - Par Ex
Homes in Rocky Creek lst Sub.
e. appeal from decision of Zoning Inspector at 1013 2nd Street S.W.
f. application for variance at 1525 llth Ave. N.E. - Earl'Senst .
Upon motion by Larson; second by Willmarth, and all voting in favor, the
meeting was adjourned until 7:30 o'clock P. M. on Monday, May 25, 1970.
City Clerk
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