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HomeMy WebLinkAbout06-15-1970Record of Official Proceedings of the Common Council of the City of Rochester, Minn., June 15, 1970 1 1 1 E L Minutes of a special meeting of the Common Council of the City of Rochester, Minnesota, held in the Council Chambers of said -City Hall at 6:45 P.M. on June 15, 1970, the following members being present: President Po6tier, Aldermen Cherland, Larson, Ludowese, McNary, Strain and Willmarth. Absent: None. The call of the meeting was read and ordered placed on file, said meeting being called for the purpose of considering the Mayor's veto on the resolution authorizing the cooperative agreement entitled "City -County Street Improvement Contract with the County of Olmsted" as it relates to the widening, repaving, sidewalks, sewers, water main and service connections in 2nd St. S.W. from T.H. 14-52 to 23rd Avenue S.W." A motion was made by Alderman Willmarth,-seconded by Alderman Larson, to override the Mayor's veto. Alderman McNary read the following statement: "Mr. President and Members of the Council: Before we proceed .to vote on this motion, I would like to mention a few facets of this issue for your consideration. We all recognize that these are critical times in our city, and the pressing need to conserve the property tax dollar. But I believe it is important that we continue to move forward, because progress, not fear of the future -has made Rochester the great city that it is today. The first factor that I would like to mention, is the disruptive atmosphere this will create for future projects in our city. This project was recommended in the Rotops Study of. 1968, as a primary street project. In the summer of 1969, it was budgeted. The project was before the council and initiated on February 2. The feasibility report was received and approved on February 16. The hearing was held and approval to proceed was given at this same meeting. On June 1, 1970, we voted six to one to proceed with this project and enter into a cooperative agreement with the county. Any opposition to this project should have been voiced at the time of the hearing or any of the other four or five times that this has been before the council. Significant amounts of time and money have been spent in good faith by our Engineering Department, the Gas Company, Telephone Company, and Electric Department, for Engineering time. I think the long term implications of this veto are serious. Businessmen and the County will be reluctant to initiate building projects based on the council's word that it intends to proceed with a project. Secondly, I would like to discuss the economics of this project. It has been indicated that perhaps it would be prudent to delay this project and attempt to secure federal funds, but, I would like to point out, that in order to obtain the federal funds, we"=must grade the streets, install storm sewers, sanitary sewers, and water mains for the entire drainage area. Because of the fantastic cost involved in doing this extensive a project, on the entire drainage area, (some of which is outside of the city), it is impractical to consider a project of this magnitude in time when our dollars are so dear. The other factor with regard to federal funds is this: If we were to gain an additional $30,000 by federal participation, and lose $78,000 in state turn back funds, it is difficult for me to see how the citizens of Rochester would have benef fitted. If one is to support the Mayor's veto on the philosophical grounds that "it is about time everyone realized that the state and federal funds are also our funds", it is difficult to follow reasoning that pursues additional federal parti- cipation. If we think that by refusing to use the turnback funds we will see a reduction in our gas tax or license fees, we are living in a dream world. Does this save the taxpayer's $119,000. Obviously not. It means that $119,000 will be spent in some other community; and in two or three years we will have to tax ourselves $119,000 more to do a project that most everyone agrees must ultimately be done. It seems to me that to invest $91,000 as seed money in a project that totals $440,000 is a 0 94 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., June 15, 1970 • very good move. This would create a much improved business environment along this street, and I think that we would soon see our $91,000 re- turned through increased valuations. Also keep in mind that the $91,000 that we"11 lose in turn back funds would carry the interest on this entire project more years that it would ever concievably be delayed. Let us bear in mind that this is not a proposal to launch on a new spending project. This council labored for hours at budget time to establish priorities. The Second Street project was budgeted for., taxes levied, and this money has been collected and ear marked. I urge your serious consideration of these factors before voting." Alderman•Willmarth said that he concurred with Alderman McNary's remarks and would like to call upon the Council to give a 6-1 vote. Alderman Larson stated that the timing was unfortunate. This.scheduled work has been a planned program for many months. For it to come up now was unfortunate and the City would be losing a lot more than the $119,000. We are losing face with other governmental units at a time when we need them rather critically. If this is not proper, it could have been discussed and objected to at the time of public hearing. I believe only one person in the entire area got up and spoke about it. There apparently was no controversy at that time. Now at the llth hour it is too late and poor judgment. Alderman Ludowese 'indicated that it was his understanding the County can only proceed if they are certain of City participation. President Postier said that nothing is finalized until signed by the Mayor. A 4-lane from 18th to 23rd Avenue Southwest would be the biggest waste of money we ever hears of. He said he was strictly opposed to spending people's money on something that is practically worthless. Alderman -Larson made a motion that the meeting be opened up to hearing the people and citizens as a whole. Alderman Ludowese seconded the motion. William Fitzgerald, 618 21st St. N.E., stated that he concurred with Mr. McNary. A count had been made showing 4,000 cars using the area in question. The storm.sewer as designed would be connected under the present system. It is not a waste and already getting 30% payment. People out there -know the need for the road. Each year delay would increase the cost. Lack of work in this area at this time could bring in a bid 10% lower than anticipated. We have a lot of men we want to keep working and are willing to do it at a cut price in order to keep working and get the job done. He challenged the Council to explain or justify a move against this project. $25,000 has already been expended or a $185,000sthrown out the window because of not going ahead. There are bound to be increased assessments, but it will also increase the value of land. He urged the Council to over- ride the Mayor's veto in this matter. Jack Hain, 814 8th St. S.E., presented the following petition with 500 signatures: "We, the undersigned, as residents of the City of Rochester and Olmsted County, also pri- marily various labor union members and interested parties in the Construction Industry, hereby request you to give serious consideration to the 2nd Street S.W. street and sewer protect. We feel that the loss of man-hours of work on this project can only be detri- mental to the lagging Construction Industry." 7 �J 1 1 0 1 9 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., June 15, 1970 1 • I 1 Ed. Atherton, 28 8th St. N.W., said he had one day invested in getting signers on the above -mentioned petition. Ray Arend, 207 5th Ave. S.W., a property owner along 2nd Street, wished to state the rumor that he objected to this and that he objected to taking any additional property was not so. Alderman Strain recalled that only one person opposed it in the budget. He was opposed to it up to Friday and thinks it an injustice to vote against it. This is a regular street improvement project, the same thing budgeted for each year. It has been taxed, the feasibility is in, and that we are leading the people on when we say that we are not saving them money. Alderman Willmarth referred to the fact that traffic on 2nd St. could double in the years to come. Alderman Cherland said that the most important thing here at this time is can we justify spending a million dollars at times like this. There is no reason that because money is budgeted it has to be spent. The question is how much improvement is needed. There is no justification in spending money to get some. President Postier indicated they were not voting to take work away from the people, just on the merits on this particular project and at this time. Mayor Day said that something has to be done to hold down taxes. He is convinced we are in very trying times as far as property taxes, and was sorry that so much emotion has evolved around his veto. He felt it was not proper for him to approve something that was not truly needed. He would like to have everyone working in our town; or as many as possible. Alderman Willmarth felt the ultra -conservative approach will only cost the City money in the long run. Upon roll call on the.motion to override the'Mayor's veto, Alderman Larson, McNary, Strain and Willmarth voted "aye", and Aldermen Cherland and Ludowese and President Postier voted "nay". President Postier declared the veto on the 2nd Street improvement project sustained, adjourned. Upon motion by Strain, second by Cherland, and all voting in favor, the meeting was Doris A. Schubert Deputy City Clerk n U 596 Record of Official Proceedings of the Common..Council of the City of Rochester, Minn., June 15, 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 June 15, 1970. President Postier called the meeting to order at 7:45 P.M., the following members being present: President Postier, Aldermen Cherland,-Larson, Ludowese, Mc Nary, Strain, Willmarth. Absent: None. Upon motion by Ludowese, second by Strain, and all voting in favor, the minutes of the meeting of June 1, 1970, were approved. Hearing on proposed assessment on Sidewalk Project No. 21-W-1969 - East side of 18th Ave. N.W. from Cascade St. to 33rd St. N.W. and S. Side of 28th St. N.W. from 18th Ave. to sidewalk in place. Ev. Schermerhorn, 1720 28th St. N.W., complained that • the contractor damaged driveway. He did not object to the assessment. Mr. Armstrong, City Engineer, said that they would take it to the Public Works Committee and see what should be done. Raymond Janz, 1712 28th St. N.W., questioned the quality of work as the dump truck broke up the curbing. Mr. Armstrong indicated that the problem will be looked into. Mr. Franklin Michaels, President of School Dist. #535, was called upon to clarify their position with regard to their assessment on Outlot "C". He was unaware of the prob- lem and said that Outlot "C" belongs to someone else and that they had very carefully left that out so the School wouldn't have to pay anything on that. There was no one else present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by Cherland, second by Larson, to proceed with the assessment and adopt the resolution approving the assessment roll for sidewalk on E. side of 18th Ave. N.W. from Cascade St. to 33rd St. N.W. and S. side of 28th St. N.W. from 18th Ave'. to sidewalk in place; all voted in favor. Hearing on proposed sidewalk replacement project #2501-2-70. George Polzin, 208 6th Ave. N.W. inquired why he had received two letters, and why it started in the middle of the block and take only a few. Mr. Armstrong, City Engineer, told him that it was required by ordinance and law and to give the property owner time to indicate whether or not they would repair the sidewalk before a city -initiated project. Mr. Polzin wished to know who shoots grades and Mr. Armstrong told him that the surveyor shoots grades. Merle Runyan, 1428 East Center -Street, did not object to the project, but wanted to know if they would have control of the new sidewalk put in. President Postier said that it is under the control of the City, project put out to bids, but under our supervision. Mr. Runyan asked who bears the cost of replacement if it does not hold up. Mr. Armstrong told him that the:,City only requires a 1-year guarantee on any contract. They can't hold contractor responsible as many other things cause the real problem. Mrs. Dennis Wilson, 210 6th Ave. S.E., wished clarification of the exact amount of sidewalk to be replaced. Mr. Florin, 205 2nd Ave. N.W., inquired if he could remove, level off and replace the small squares indicated for replacement. Mr. DeVries, Sidewalk Superin- tendent, said he could do it at own risk, and would have to be done within ten days and be subject to inspection. There was no one else present wishing to be heard. President Record of Official Proceedings of the Common Council of the City of Rochester, Minn., June 15. 1970 • 1 1 Postier declared the hearing officially closed. A motion was made by Larson, second by Ludowese, to proceed with Sidewalk Replacement Project #2501-2-70; all voted in favor. Hearing on proposed sidewalk replacement project #2502-70. There was no one present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by Larson, second by Strain to proceed with said project; all voted in favor. Hearing on proposed sidewalk replacement project #2502-3-70. There was no one present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by Strain, second by McNary to proceed with said project; all voted in favor. Hearing on proposed sidewalk replacement project #2504-4-70. •There was no one present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by Ludowese, second by Willmarth, to proceed with said project; all voted in favor. Hearing on proposed sidewalk replacement project #2505-3 & 4-70. There was no one present -wishing to be heard. President Postier declared the hearing officially closed. A motion was made by McNary, second by Strain, to proceed with said project; all voted in favor . Hearing on application for conditional use to permit a parking lot on Lot 23,, Block 9, Ireland's Addition (N.W. corner 14th St. S.E. & 4th Ave. S.E.) by Charles E. Glarner. There was no one present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by Ludowese, second by Strain, to grant approval subject to three conditions as -outlined by the City Planning and Zoning Commission; all voted in favor, and the City Attorney was instructed to prepare the necessary resolution. Hearing on Application to Vary the Rear Yard Provisions of Paragraph 21.04 of Ordinance No. 1296 as it applies to the property located at 1525•llth Ave. N.E., requested by Earl Senst. Larry McCaleb, 1747 llth Ave. N.E., who originally constructed this home, said that without the variance, the additional room which they desire to build would be too small for the use intended, to build a second story would cause a hardship and cost two or three times as much. There was no one else present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by Cherland, second by Strain, to grant the variance; all voted in favor, and the City Attorney -was instructed to prepare the necessary resolution. Hearing on Application for Amendment to the Rocky Creek Trailer Park Plan. There was no one present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by Ludowese, second by Willmarth, that the application be approved subject to compliance with the conditions -specified in the City Planning Depart- ment's Report and compliance to hydrant situation and Fire Chief's approval; all voted•in favor, and the City Attorney was instructed to prepare the necessary resolution. 0 1 5.98 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., June 15, 1970 • Hearing on Planning Commission initiated change of zoning districting on the Olmsted County Fairgrounds property from the R-1 District to the M-1 District. Alderman Willmarth raised the question of the race track and was informed that it belongs to the County. There was no one present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by Larson, second by Strain, to grant the change of zoning districting from R-1 to M-1 District; all voted in favor, and the City Attorney was instructed to prepare the necessary ordinance. Hearing on petition to change the zoning districting on property located along the West side of U.S. 52 lying Southeast of Phil's Fix -All in the N.E.k, N.E.'k, Section • 12, T106N, R14W from the R-1 District to the B-lb District. There was no one presents wishing to be heard. President Postier declared the hearing officially closed. A motion was made by Larson, second by Ludowese, that the petition be granted approval; and all voted in favor except McNary who abstained. The City Attorney was instructed to prepare the necessary ordinance. Hearing,on petition to change the zoning districting on Lot 4 and S. 50 ft. of Lot 3, Block 18, Golden Hill Addition from the R-1 District.to the M-1 District. Charles Glarner, 355 Riverview Drive, partner in Quadvestors, the petitioner, said that to build houses on lots would not be economical or feasible because of the frontage and building costs for single-family dwellings would be of such value that they couldn't sell them. His only alternative is to,leave the lots vacant at $450 a.year in taxes unless it can be rezoned M-1, and the long-range planning shows that it be manufacturing. The lots are 85 foot wide or a total of 170 feet. It cannot be divided into 3 lots because of the 60-foot minimum. Clifford Kruger, 1824 2nd Ave. S E., has property abutting on the North and does not want commercial property next to him. Last year they had problems with oil barrels piled alongside his lot, and these were not moved until he had contacted Alderman Strain to call Mr. Patterson regarding them. He feared added problems with trucks and dust if it were zoned M-1. Mrs. Bob Gilbert, 1802 2nd Ave. S.E., objected because if zoned M-1 more trucks would be coming and going and would be dangerous because of children in the area. Jim Patterson, 1831 3rd Ave. S.E., indicated that the loading docks would be at the back of the building according to building plans,.and they plan to tar driveways. Two buildings will better support,taking care of the driveways. Larry Mooney, 1825 2nd Ave. S.E., has property across the street. There are many young families in the area and children playing in the street, and big trucks should be kept out of the area. Harvey Newkirk, 1814 2nd Ave. S.E., indicated that it was referred to as a slum area, although homes range from $18,000 to.$19,000. There are fifteen to twenty-five children waiting for the school bus every day, and next year 60 or more will be walking back and forth to school. He didn't want to see added trucks in the area. Mr. Moore, Planning Director, said this is not a case of spot zoning. It is in accordance with City's Land Use Plan and proposed an orderly extension of existing M-1 Record of Official Proceedings of the Common Council c7Je7 of the City of Rochester, Minn., June 15, 1970 1 • 1 E to the East, but including lot 5 which left no breaks in zoning area. We don't see any case of spot zoning. ,We are considering people living there. There was no one else present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by Strain, second by Willmarth, and all voting in favor with the exception of Larson who voted "nay", the petition was denied. Alderman Cherland made a motion that the Council be enabled to carry on any official business at any regularly called meeting, and to instruct the City Attorney to give an opinion on what steps are needed to do this, including the need to amend the Charter. Mayor's appointment of Sylvester Champa, 2501 19th Ave. S.E., was removed from the agenda as Mr. Champa lives outside the City limits. Mayor's appointment of James P. Ryan, 1509 9th Street Northeast, to the position of Assistant Chief in the Rochester Police Department, effective July 1, 1970. A motion was made by Larson, second by Willmarth, that the appointment be accepted; all voted in favor. The request of the Rochester Post -Bulletin for ,permission to hold its annual fireworks display at Silver Lake on Saturday, July 4th or Sunday, July 5th in the event of rain, was read. Upon motion by Cherland, second by Ludowese, and all present voting in favor, permission granted. An agreement for fire protection service for the Town of Cascade, Town of Haverhill, Town of Marion and Town of Rochester between the City and said townships to be effective on July 1, 1970, and to continue thereafter for a period of five years, was introduced. Chief Mertz, Fire Chief, indicated that he expects that delivery on special rural -type equipment can be made within four months. The agreement calls for a $300 per call charge, but he indicated that we can't possibly get $300 for a car fire in the town- ship or for false alarms. He asked if the $300 should be billed to the individual or to the township and President Postier said it should be billed to the township. Franklin Michaels raised the question of false alarms. Alderman Cherland that all calls will be billed and leave it to the administration of the Fire Department. Motion by Cherland, second by Larson, to instruct the City Attorney to prepare a resolution authorizing Mayor and City Clerk to sign the agreement for the City of Rochester. All voted in favor. Tabulation of bids for sidewalk construction projects. Concrete sidewalk on the west side of North Broadway from 14th St. N. to 16th St. N.: Phil Ryan $2,024.10; Dick Pearson $2,094.30; C. M. Boutelle and Son, Inc. $2,082.60; E. Mahoney $1,986.66; Doyle Conner Co. $1,607.58; B. DeWitz $2,005.38. Low bidder Doyle Conner. Concrete sidewalk on the S. side of 13th St. S.E. from 6th Ave. S.E. to 8th Ave. S.E. Bids received were: Phil Ryan $2,361.80; Dick Pearson $2,666.60; C. M.-Boutelle $2,426.00; E. Mahoney $2,630.74; Doyle Conner Co. $2,135.88; B. DeWitz $2,431.88. Low bidder Doyle Conner. Concrete sidewalk on the south side of 19th St: N.W. from 19th Ave. N.W. to the West Fronta Road of T.H. 52 N.W. Bids received.were: B. DeWitz $5,190.50; Doyle Conner Co. $4,155.32; E. Mahoney $5,028.50;• Dick Pearson $5,117.60; C. M. Boutelle & Son, Inc. $5,182.30.- Low bidder Doyle Conner Co. Sidewalk on northerly side of 13th Ave. N.W. from 14th St. N.W. to 16th Ave. N.W. Bids received were: B. DeWitz $6,243.48; Doyle Conner Co. $5,482.08; E. Mahoney $6,759.54; C. M. Boutelle & Son, Inc. $6,345.00; Dick Pearson $6,979.50: Low bidder Doyle Conner Co. J b. 0 Record of Official Proceedings of the Common. Council of the City of Rochester, Minn., June 15, 1970 • Concrete sidewalk on the East side of 19th Ave. S.W. from 2nd.St. S.W. to sidewalk in place at 5th St. S.W. Bids received were Phil Ryan $4,964.12; Dick Pearson $5,442.00; C. M. Boutelle & Son, Inc. $4,864.20,; E. Mahoney $5,275.08; Doyle Conner Co. $4,305.66; B. DeWitz $4,892.50. Low bidder Doyle Conner Co. A motion was made by Cherland, second by Larson, that the low bids of Doyle Conner be accepted on each of the above -mentioned projects; all voted in favor. Request for license to sell non -intoxicating malt beverages, on -sale, during the annual Greek Festival at Graham Arena, Fairgrounds, for 1 day only on July 19th. Upon motion by Larson, second by Cherland, and all voting in favor, the request was approved and license granted - the license fee to be $15.00. Request for license to sell cigarettes as follows: Northwest Spur at 6th St. & llth Ave. N W.; Bell Vending Co. for Olmsted Community H spital, and Hollands; Mid -States Music Co. for Pizza Hut; Virgil Gulf Oil at 1101 2nd St. S.W.; and D & R Cafe at 323 S. Broadway. Upon motion by Cherland, second by Larson, and all voting in favor, the licenses - were granted. Contract bond of Johnson, Drake & Piper, Inc., with United States Fidelity and Guaranty Co., Baltimore, Md ., as surety in the amount of $39,014.00 for construction work at Manor Woods Subdivision, City Job No. 6920-1-69 for construction of sewers, watermain, grading & surfacing was read and upon motion by Larson, second by Ludowese, and all voting in favor, the bond was approved and the surety thereon accepted. Amended report of adequacy of petition and feasibility together with recommenda- tion of the Public Works Committee that another hearing be held on the revised report on street improvements on loth St. S.E. west of 15th Ave. S.E. was read. Upon motion by Larson, second by Willmarth, and all voting in favor, the report and recommendation were accepted and the City Clerk instructed to set a hearing for 7:30 o'clock P.M. on July 8th. Request for approximately four -month leave of absence without pay for military training for Alan Amundson of the City Engineering Department. Upon motion by Cherland, second by Larson, and all voting in favor, leave granted. Recommendation of the City Engineering Department to enter into a maintenance agreement with the State of Minnesota, Department of Highways covering the revision, maintenance and operation of the traffic control signal,at the intersection of T.H. 63 and T.H. 14 (Broadway and 12th St.). Upon motion by Cherland, second by Larson, and all voting in favor, the recommendation was accepted and the City Attorney instructed to prepare the necessary resolution authorizing the Mayor and City Clerk to execute the agreement: Report of feasibility together with recommendation of the Public Works Committee that the following local improvement project be initiated -without petition - Extension of 6" Water Main in loth Ave. S.E. from 7th St., S.E. to 8th St. S.E. at Hutching's Second Replat. The estimated cost is $4,113.00 and it is all to be assessed. Upon motion by Cherland, second by Larson, and all voting in favor, the report and recommendation were accepted and the City Clerk instructed to set a hearing for 7:30 o'clock on July 8th. r J 1 0 1 f Record of Official Proceedings of the Common Council 6 U - - of the City of Rochester, Minn., June 15, 1970 1 C� 0 1 A motion was made by Cherland, second by Strain, and all voting in favor, that the semi-monthly bills (list attached) in the amount of $638,861.79 be approved. Recommendation of the Planning and Zoning Commission relative to architecutral barriers was read. Pat Sours, 908 11k St. S.W., wished to be heard at any future committee meetings and asked that they be held in a building acceesible to accommodate paraplegic. He stated that Helen Haynes is the new president of the National Paraplegic Foundation. They, are interested in the construction of a building at the airport for easier loading of patients and better parking. Upon motion by Ludowese, second by Willmarth, and all voting in favor, it was referred to the Public Safety Committee, Public Works Committee, and Bldg. and Safety Department. Recommendation of the Planning and Zoning Commission that approval be granted fhe petition to annex the Bible College Property (Vine and Toogood property) north of 20th St. S.W. and southeast of the Apache Shopping Center. Mr. Franklin Michaels, Attorney for Rochester Township, did not file any objections to this. The problem is that the Town Board meets the 2nd Thursday of eery month. He said the attitude of the City toward annexation of area surrounding this parcel was very important. Mr. Moore stated that it isn't automatic. Mr. Larson said he couldn't see why there would be annexations unless the people want to be annexed and then it would be talked over with them in the township. Upon motion by Larson, second by Cherland, and all voting in favor, the recommendation was accepted and the City Attorney instructed to prepare the ordinance annexing this property. e Ltter from the Committee on Urban Environment with their recommendation relative to the one-way street system for the City of Rochester. President Postier ordered same placed on file. Letter from A. L. Hiatt of the White Liberation Movement requesting permission for a marth of awareness on July 18, 1970, together with the recommendation of the Police Dept. for route change. Upon motion by McNary, second by Cherland, and all voting in favor, the request was granted with the exception that route be changed as recommended by the Police Department and suggested time of the march be changed to 2:00 P.M. Letter from M. S. LaPree, Deputy Grand Knight of the Knights of Columbus Council 1013, requesting a parade permit on Saturday, July 18th, in connection with a circus sponsored by them at the Mayo Civic Auditorium. Upon motion by Willmarth, second by McNary, and all voting in favor, the permit was granted in accordance with the route requested. A letter from C. E. Hendrickson, Project Control Engineer, State of Minn. Dept. of Aeronautics, relative to increase of Federal funds from $183,000.00.00 to $187,041.73 to cover the Federal share of costs of F.A.A.P. project 7-21-079-7012, S.P. 5501-27 Contract #741 at Rochester Municipal Airport. Upon motion by Cherland, second by Strain, and all voting in favor, the City Attorney was instructed to prepare the necessary resolution authorizing the Mayor and City Clerk to execute Amendment #1 enabling the City to receive additional Federal funds for this project. 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., June 15, 1970 • Resolution adopting assessment on sidewalk project No. 21-W-1969 (East side of lath Ave. N.W. from Cascade St. N.W. to 33rd St. N.W. and South side of 28th St. N.W. from 18th Ave. N.W. to sidewalk in place. Upon motion by Willmarth, second by Strain, and all voting in favor, resolution adopted. Resolution accepting Agreement No.'56514M with the State of Minnesota Dept. of Highways for maintenance and operation of the traffic control signal at intersection of T.H.'63 and T.H. 14 and authorizing Mayor and City Clerk to execute said agreement on behalf of the City. Upon motion by Willmarth, second by Ludowese, and all voting in favor, resolution adopted. Resolution authorizing the Mayor and City Clerk to execute a deed of conveyance and extinguishment of the former access opening of Bear Creek Park access on the south side of T.H. 14 a distance of 102 feet from existing access in return for which the State of Minnesota will issue a Quit Claim Deed to the City for the present access opening. Upon motion by Larson, second by'Willmarth, and all voting in favor, resolu- tion adopted. Resolution authorizing the Mayor and City Clerk to execute agreement on behalf of the City a City -County Highway Lighting Installation and Maintenance Agree - meet relative to 400-watt mercury vapor lighting units at the intersections'of County State Aid Road No. 4 and 19th St. N.W. and County State Aid Road No. 4 and 37th Ave. N.W., and County State Aid Roads Nos. 8 and 25 in the City of Rochester. Upon motion by Larson, second by Willmarth, and all voting in f avor,tresolution adopted. Resolution designating 20th St. and County State Aid Road No. 1 as Flood Plain Use and High Density Residential Use area. Upon motion by Strain, second by Ludowese, and all voting in favor, resolution adopted. Resolution granting a variance to permit the parking of vehicles accessory to the Methodist Hospital to within five (5) feet of the sidewalk along 3rd Ave. N.W. Upon motion by Larson, second by Willmarth, and all voting in favor, resolution adopted. Resolution granting a revocable permit to Clifford E. and Viola Stevens dba Hotel Francis for the location of an emergency fire escape extending into the public alley right-of-way adjacent to said Hotel located at 17 4th St. S.W. and authorizing and directing the Mayor and City Clerk to execute on behalf of the City of Rochester an agreement for such permit. Upon motion by Strain, second by Willmarth, resolution adopted. Resolution recommending annexation of 46 acres of unplatted property abutting the present city limits in the NE'k of Section 13, Township 106, Range 14 (Pinewood School), recommending to the Minnesota Municipal Commission that it order the annexation of said property to the City of Rochester, and instructing the City Clerk to submit a certified copy of this resolution to the Minnesota Municipal Commission, Upon motion by Larson, second by Cherland, and all voting in favor, resolution adopted. �1 • I I F 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., June 15 1970 600 1 • 1 1] 1 Resolution accepting the Federal Aviation Administration's -"Amendment No. ONE to Grant Agreement for Projects No. 9-21-079-7012" to Contract No. DOT-FA-70-CE-5549" and authorizing the Mayor and City Clerk to execute said Amendment No. one -on behalf of the City. This agreement will give $4,041.73 in additional Federal funds on this project. Upon motion by Ludowese, second by•Willmarth, and all voting in favor, resolution adopted. Resolution approving the terms of the Fire Protection Agreement between the City and the Towns of Cascade, Haverhill, Marion, and Rochester, -and authorizing and directing the Mayor and City Clerk to sign said agreement on behalf of the City of Rochester. Upon motion by Willmarth, second by Strain, and all voting in favor, resolution adopted. Resolution granting a variance to permit an addition to house in rear yard at 11 6th St. N.W. Upon motion by Willmarth, second by Mc Nary, and all voting in favor, resolution adopted. Resolution authorizing and directing the Mayor and City Clerk to execute on be- half,of the City the Quit Claim deed to conform previous conveyances to survey under agree- ment for sale and donation of approximately 200 acres of land to the City of Rochester by Bryan and Bettie Rossi and Richard and Patricia Rossi. Upon motion by Cherland, second by Larson, and•all voting in favor, resolution adopted. Resolution approving a resolution passed and adopted -by the Public Utility Board and authorizing Mayor and City Clerk to execute on behalf of the City the release and indemni- fying agreement dated May 4th, 1970, between the City, Westinghouse Electric Corp. and Federal Insurance Co. relative to the contract for Switchgear and Swtichboard Extensions. Upon motion by Willmarth, second by Strain, and all voting in favor, resolution adopted. The following twelve resolutions were introduced in block, and upon motion by Strain, second by Willmarth, and all voting in favor, the resolutions were adopted: Resolution determining adequacy of improvement petition, receiving preliminary report, ordering a public hearing and directing preparation of plans and specifications in respect to extension of water main at Hutching's Second Replat - in loth Ave. S.E. from 7th St. S.E. to 8th St. S.E. Resolution determining adequacy of improvement petition, receiving preliminary report, ordering a public hearing and directing preparation of plans and specifications in respect to street improvements on loth St. S.E. from 7th St. S•E. to 8th St. S.E. Resolution determining adequacy of improvement petition, receiving preliminary report, ordering a public hearing and directing preparation of plans and specifications in respect to street improvements on loth St. S.E. west of 15th A ve. S.E.- Resolution approving plans and specifications and ordering bids for sidewalk replacement project No. 2502-2-70. Resolution approving plans and specifications and ordering bids for sidewalk replacement project No. 2503-2-70. Resolution approving plans and specifications and ordering bids for sidewalk Is replacement project No. 2504-4-70• Resolution approving plans and specifications and ordering bids for sidewalk 0 4 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., June 15, 1970 replacement project No. 2505-3 & 4-70. Resolution approving plans and specifications and ordering bids for sidewalk replacement project No. 2501-2-70. Resolution accepting the bid of Doyle -Conner Co.,.Rochester, for concrete side- walk on the West side of North Broadway from 14th St. North to 16th St. North. Resolution accepting the bid of Doyle Conner Co., Rochester, for concrete side- walk on the south side of 13th St. S.E. from 6th Ave: S.E. to 8th Ave. S.E. Resolution accepting the bid of Doyle Conner Co., Rochester, for concrete side- walk on the south side of 19th St. N.W. from 19th Ave. N.W. to the West Frontage Road of T.H. 52 N.W. Resolution accepting the bid of Doyle Conner Co. for sidewalk on northerly side of 13th Ave. N.W. from 14th St. N.W. to 16th Ave. N.W. Resolution accepting the bid of Doyle Conner Co., Rochester, for concrete side- walk on the East side of 19th Ave. S.W. from 2nd St. S.W. to sidewalk -in place at 5th St. S.W. Ken Mahoney, 1911 24th St. N.W., representing the Sunset Terrace P.T.A., re- quested to be heard relative to the Possibility of a Highway 52 N. and 22nd St. N.W. over- pass. Because John Adams Jr. -High School is opening up this fall, families in the North - gate Addition and the Sunset Terrace Addition on the west side of the highway are concerned about the potential problem of safety of children crossing highway to go to school. There will be 250 students from that area who will attend and this number will increase. He would like,to know how to have the matter of building an overpass considered. He felt that the amount of children in that area warranted another overpass other than .the one at John Marshall. He asked that the Sunset Terrace P.T:A. be notified so representatives could be at the Public Safety Committee meeting where this matter is considered. Alderman Cherland told him the Public Safety Committee had considered the possible pick-up and drop- off next year of students by the Rochester City Lines. Mary Mickeys, 2415 26th St. N.W., representing the Sunset.Terrace School Board, dealing with the overpass_project, stated the cost of approximately $100,000 would be the same as 2-year's. budgeted amount of sidewalks (city share). Mayor Day said that certainly something must be done and would keep the Sunset Terrace School P.T.A. informed. Arthur Hirman, 1236 6th St. S.W., introduced the following letter with map attached, relative to the one-way street problem, the same ordered placed on file and kept for future discussion. "City Council City of Rochester Rochester, Minnesota June 4, 1970 Re: One Way Street Problem Broddway-lst Ave. E. & W Gentlemen: There is a simple, workable, answer to the downtown street traffic problem. It is: l 0 0 • Record of Official Proceedings of the Cornrnon. - Council of the City of Rochester, Minn., June 15, 1970 6OZ"-) • �1 I C� 1 1. Create a two-way major semi -express by-pass East of Broadway. 2. Follow the one-way North bound plan displayed on the front page of the Post Bulletin on May'22 for this East route. 3. A six lane street - three each way, will move traffic fast and smoothly, since this will be principally through traffic. 4. The First Avenue East route will require but three or four stop signs keeping the traffic stop to a very minimum. 5. The cost will be much less than two one-way streets. It will require one or two fewer bridges. 6. By a 100% detour of Highway 63, there should be better oppor- tunity to obtain State and Federal Funds for this route change. 7. It will create an easily understandable traffic flow pattern to the public. 8. It will free up both Broadway and First Avenue for leisurally local traff is . 9. A major by-pass artery to a six lane, two way street will answer most of the problems and objections of the community. It will maintain the traditional traffic pattern of a major North - South artery thru the center of the city. It will compliment the similar East-West pattern of 2nd St. S.W. and 4th St. S.E. 10. A two-way artery on First Avenue East will handle the thru traffic load for Rochester needs, probably for the next twenty- five years. If needs grow faster it can be widened one or two additional lanes. 11. A six lane South -North artery on First Avenue East would faci- litate traffic load to and from the auditorium. Such a traffic plan will make it easy for both medical patients from the North and South, as well as shoppers to turn off this major artery at three intersections, (4th St. S.E.); (2nd S.E.); or (Center Street) with a minimum of traffic confusion. Comparisons and objections to traffic on First Avenue West. 1.1. Large gasoline tank trucks would be routed through a Medical q and Hotel street. Fires with catastrophic results have resulted from accidents with fuel carrying trucks which engulf an entire one or two blocks. If this occurred in front of a hotel or near the hospital the results would be horrible. 2. The same hazard or worse, exists with trucks carrying explosives. These have been known to level adjoining blocks. What injury would the headline publicity cause to future Rochester medical industry for the following such a catastrophe. 3. Some 11 traffic lights would be required, slowing traffic vs. 3 or 4 on the East route. 4. Stopping and starting of huge trucks at each of these intersections would add to the noise and pollution. 5. A noise problem - the big diesel motor trucks, practically totally unmufflered create a noise problem during the night which will leave permanent reprecussion problems for future Councils. When trucks were routed past St. Mary's many of the patients on the North side of the hospital constantly complained of sleepless nights due to the truck traffic in the street. When this traffic was moved to 5th Avenue N.W., these complaints dis- appeared. Today the diesel trucks are far more powerful, both in size and noise. Anyone living within a quarter L6 half a mile of the beltline West of the City can attest to what this noise is like during the quiet of the night and its disruption of households. 6. First Avenue West has at least 6 hotels, 1 major hospital and a YMCA. First Avenue East has two small hotels. 7. A one way street to the West, another to the East, with Broadway in the middle, would create a sort of no-man's land to the public. 8. First Avenue West is the second major retail street in Rochester. Heavy through one-way traffic will damage these retailers. 9. Parallel one way streets as occur in other parts of Rochester but adjoining each other is more understandable to the driving public. Two one way streets separated by a major artery like Broadway will soon result in permanent confusion and a further down -grading of the downtown Rochester area. A part of the above Plan was, I believe, proposed in the original traffic study con-. ducted by outside engineers several yearsego.1' Very truly yours, s/ Arthur A. Hirman" C7 F'606 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., June 15, 1970 • Alderman Cherland requested that the Council reconsider construction of side- walks on llth Avenue N.W., west side between Elton Hills Drive and Cascade St. N.W., and it was referred to the Public Works Committee. Upon motion by Strain, second by Cherland, and all present voting in favor, the meeting was adjourned. Doris A. Schubert Deputy City Clerk • 1 • 1 7 • Record of Official Proceedings of the Common Council of the City of Rochester, Minn., 0 1 1