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HomeMy WebLinkAbout10-05-19706 b . Record of Official Proceedings of the -Comrnon Council of the City of Rochester, Minn., October 5. 1970 • 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 October 5, 1970. President Postier called the meeting to order at 2:00 o'clock P. M., the following members being present: President Postier, Aldermen Larson,.Ludowese, McNary, Strain, Willmarth. Absent: Alderman Cherland (Alderman Cherland arrived at 2:50 P.M.) Upon motion by Ludowese, second by Strain, and all present voting in favor, the minutes of the meetings held on September 16th and 21st, 1970 were approved.. Mr. William Price, Attorney was present representing Peoples Natural Gas Company. He presented a letter requesting an increase in retail rates for natural, gas sold to customers within the City of Rochester under the existing franchise and proposed rate schedules. Upon motion by Strain, second by McNary, and all present voting in favor, the letter and scheu•les were referred to the Public Safety Committee and City Attorney. Resolution levying sums of Money for the current year, collectible in 1971, upon the taxable property in the City of Rochester, for the following purposes: General Fund $2,967,901 PERA & FICA 172,500 Fire Relief 3 mills Police Relief 3 mills Library 218,503 Sewer Utility 30,000 Equipment Revolving 143,987 Capital Improvements 742,450 Debt Service 265,004 Upon motion by Larson, second by Strain, and all present voting in favor, the resolution was adopted. Resolution approving annual budget of the City of Rochester for the fiscal year beginning January 1, 1971, the major divisions thereof being as follows: Revenue Available General Property Taxes $4,885,267 Licenses and Permits 187,250 Fines, Forfeits and Penalties 215,000 Use of Money and Property 164,758 Intergovernmental Revenues 1,272,445 Prior year Revenues 533,667 Charges for Services 904,764 r: Special Assessments 455,000 Miscellaneous Revenues 2,497,054 Total Revenues $11,115,205 Expenditure Employee Service $4,346,178 Other Current Expenses 2,216,305 Capital Outlay 267,205 Capital Improvements 2,908,400 Debt Service 1,377,117 Total Appropriations $11,115,205 Upon motion by Larson, second by Strain, and all present voting in favor, the resolution was adopted. Mr. Darrell Strain, Alderman of the First Ward of the City of Rochester, then made the following remarks: 'Once again we have prepared a budget for the coming year. Being a member of this Council and of the Finance Committee, I would like this opportunity to make a few short statements. Thanks to the Administrative Staff, Finance Department and Departmental Personnel who were a key part in the preparation of the 1971 budget. My thanks also to you Councilmen who realized the challenge of holding the tax line. The challenge was great, in face of increased salaries and the particularly tough economic conditions which we happen to be in. You met the challenge, and even stayed tough to come in with a 4.1 mill decrease for 1971. I am hoping this will be an example for the other two taxing bodies. I realize th at the City spends 20q, of the tax dollar;, and the 4.1 mill decrease we have accomplished will be overshadowed by the increases talked about by the School and County. There is hope --perhaps someday -- they too will realize that they need to say no to the things they cannot afford. 1 Cl 1 1 L� 1 0 Record of Official Proceedings of the -Common Council of the City of Rochester, Minn., October 5. 1970 i • 1 1 We do not have any frills or fancy programs in our 1971 budget. The people --the taxpayers, have long been telling government bodies that taxes are getting unbearable. The 4.1 mill decrease in the 1971 budget tells me that you gentlemen are listening to the people. Maybe it will catch on. Thank you. Request of Vogel Outdoor Advertising to use the portable advertising traile as follows: Family Live Series to be in front of the old Olmsted County Bank Building October 6 thru 11 United Fund October 6 - 8 Apache Mall October 9 - 11 Waters Instrument, 2411 N.W. 7th St. October 12 & 13 501 N.W. First Avenue October 13 & 14 Mayo Civic Auditorium October 15 - 19 Old Olmsted County Bank Bldg.' October 19 - 21 Crenlo, 1600.N.W. 4th Street Mr. Tom Moore, Planning Director, reported that they had reviewed this request and recommended approval. Upon motion by Ludowese, second by Strain, and all present voting in favor, the permission was granted as requested. Request of Disabled American Veterans to conduct their annual forget-me-not loth drive on October / and selling posters on October 7th. Upon motion by Strain, second by Ludowese, and all present voting in favor, the request was approved and permission granted Requests of (1) Bob kelitz, Chairman of Miss Rochester Pageant for permiss to hang banner between Daytons and Woolworths for period from October 18 through 24, 1970 and (2) Rochester Education Association for permission hang banner between Daytons and Woolworths during American Education Week, October 25-31, 1970. Upon motion by Willmarth, second by Larson, and all present voting in favor, the requests were approved. The contract bonds of Fraser Company, Inc. in the amount of $17,463.75 with Transamerica Insurance Company as surety and Littrup Neilson, Inc. in the amount of $6,338.00 with United States Fidelity &Guaranty Company as surety. Upon motion by Larson,', second by Willmarth, and ail present voting in favor, the bonds were approved. Bids were received and opened at 10:30 A.M. on October 5, 1970 for extension% of sanitary sewer in 3rd Avenue S. E. from 12th Street S.'E.*to 13th Street S.'E. to'serve Libby McNeil Libby Plant. Bids of Fraser Company, Inc. in the amount of $22,678.20; Littrup Nielson, Inc. in the amount of $24,651.00 and Riverside Sand & Gravel Company in the amount of $22,395.00 were received and opened. Libby Company is the sole property owner being assessed for this construction and it is advisable to get the Companys agreement before proceeding with the contract. Upon motion by Strain, second by Ludowese, and all present voting in favor, a resolution was adopted accepting the low bid of Riverside Sand & Gravel Company, subject to agreement by Libby Company. Bids were received for Phase I of Extension of 9th Street S. E. from 3rd Avenue S.E. to South Broadway at 11:30 A.M. on October 5, 1970. Bids of Doyle Conner Company in the amount of $55,403.77 and Rochester Sand & Gravel Company in the amount of $54,964.76 were received and opened.' This is a State Aid Street and approval should be received from the Minnesota Highway Department. Upon motion by Larson, second by Strain, and all present voting in favor, a resolution was adopted accepting the low bid of U Rochester Shnd & Gravel Company, subject to approval from the Minnesota Highway Department.1 664 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., October 5, 1970 • Recommendation of City Engineer that bids be advertised for "sanitary sewer in Utility Easement of Northwood 3rd Subdivision". Upon motion by Ludowese, second by Willmarth,.and all present voting in favor, a resolution authorizing City Clerk to advertise for bids was adopted. Recommendation of City Engineer that the City contract with Mayo Foundation to construct basic construction in part of Meadow Park -Subdivision at the owners expense. Upon motion by Ludowese, second by Strain, and all present voting in favor, the recommendation was acceptea and the City Attorney was instructed to prepare a resolution and necessary agreement. • Recommendation of:City Engineer that a hearing be ordered on the petition for sanitary sewer and water main in 3rd Avenue N. E. to Northstar Subdivision, Lot 1, Block 1. Upon motion by Larson, second by Ludowese, acid all present voting in favor, a resolution ordering a hearing on the said project was adopted. A letter from C. A. Armstrong, City Engineer, submitting cost information on sanitary sewer and water extension that would be necessary to provide city sewer and water service to the land in Sections 4 and 5, Marion -::Township which is proposed for annexation by Peoples Cooperative Power Association was read and ordered placed on file. Recommendation of Engineering - Traffic Division that parking be prohibited on 2nd Avenue Southeast on both sides of the street between 16th and 17th Avenues at all times. Upon motion by Strain, second by McNary, and all present voting in favor, the matter was tabled until October 19, 1970. Recommendation of Engineering -Traffic Division that one hour parking meters be installed on the west side of 4th Avenue S.W. between lst and 2nd Street S.W.; and that parking limits on 1st S.W. between 4th and 6th Avenue, 6th Ave. from 1st St. S.W. to Center Street and Center Street between 5th add 6th Avenue S.W. be revised from 7:00 A.M. to 5:00 P. M. to 1:00 A.M. to 4:00 P. M. Upon motion by Ludowese, second by Larson, and all present voting in favor, the recommendation was accepted and the City Attorney was instructed to prepare the necessary resolution. Upon motion by Larson, second by Strain, and all present voting in favor, a resolution approving assignment of collateral in lieu of a depository bond from the Rochester State Bank of Rochester, Minnesota was adopted. Recommendation of Planning Department on application for approval of the final plat of Replat of Lot 4, Block 3, Silver Acres Subdivision. Upon motion by Larson, second by McNary, and all present voting in favor, the recommendation was tabled until 3:30 P. M. Recommendation of City Planning and Zoning Commission that application for General Development Plan of Summit Square, located in NW'k NWk Section 23-107-14 (Walth) be granted approval. Upon motion by Ludowese, second by Strain, and all present voting in favor, the recommendation was accepted and the City Attorney instructed to prepare the necessary resolution. • Record of Official Proceedings of the Common Council 665 of the City of Rochester, Minn., October 5, 1970 1 • E 41 1 Recommendation of Planning & Zoning Commission that preliminary plat of Summit Square First Subdivision be approved subject to (1) dimensions along west line of proposed plat do not agree with the same distances on Sunrise Estates Second Subdivision (2) a curve will be needed beginning where 20th Street N.W., as dedicated, intersects west line of proposed plat and continuint to the east (3) a "no access" provision should be provided along the north right-of-way line of 37th St. N.W. (4) some definite direction should be given to the east property line in the description (5) the angle in the southwest corner does not agree with the right-of-way map (6) a deflection angle shou be given for the change indirection at the SW corner of property and (7) provide a 5 foot utility easement along the west line of Lot 1, Block 1. Upon motion by Larson, second by Willmarth, and all present voting in favor, the recommendation was accepted and the plat given preliminary approval, subject to the 7 items being taken care of. Alderman Cherland arrived at 2:50 P. M. Recommendation of Planning and Zoning Commission re petition to vacate 5th Street S. E. from the west line of lst AVenue S. E. to 100 feet west; the commission is cognizant of the possibility that a future north bound one way street may be located in this area and that it might come close to the street under consideration to be vacated, however, discussions have been going on for sometime about this street plan and action has been deferred by the Council for another year; the Commission feels that the propert owners' need to know what the City plans to do in this area so they can make expansion plans of their own, it is a very small parcel of right-of-way and may not be needed for the one way street and they understand,.thare are no plans to extend 5th Street S.E. to the#est to connect with the future one way street and based on these findings, they recommend that.this petition be granted approval subject to the land of Fullerton Lumber Company being replatted. Mr. Stanley Guth, the petitioner, was present and said that Fullerton had plans for building additional.structures here and needed this land , he said they wanted to improve their area and could only move this way. Upon motion by Strain, second by Ludowese, and all voting in favor, the matter was tabled until the meeting on October 19, 1970. Upon motion by Strain, second by McNary, and all voting in favor, the recommendation of Finance Committee on approval of bills was.tabled until later in the meeting. Mr. Tom Wolf, Attorney was present in regard to the application for approval of the final plat of the Replat of Lot 4, Block 3, Silver Acres Subdivision. This matter was tabled until 3:00 P. M. when the City Attorney would be present. Upon motion by Larson, second by Ludowese, and all voting in favor, the four following resolutions were adopted (1) Resolution declaring cost to be assessed and ordering preparation of proposed assessment for surfacing 7th Street N.W. from CGWRy to west line of Valleyhigh Second Subdivision .(2) resolution ordering a hearing on the proposed assessment described in #1 (3) resolution declaring cost to be assessed and Ld 0 666 Record of Official Proceedings of the Common'C ouncil of the City of Rochester, Minn., October 5, 1970 u ordering preparation of assessment for extension of sanitary sewer and water main from T.H. 14 to 7th Street N.W. and in 7th Street N.W. abutting Valleyhigh 2nd Subdivision and (4) resolution ordering a hearing on the proposed assessment described in #3. Upon motion by-Willmarth, second by Cherland, and all voting in favor, a resolution was adopted -granting one public dance permit to Rochester Art Center. Upon motion -by Strain, second by Ludowese, and all voting in favor, the meeting s recessed at 3:00 P. M. The meeting was called to order again at 3:30 with all members being sent. Upon motion by Ludowese, second by Willmarth, and all voting in favor, the recommendation of the Planning & Zoning Commission re final plat of Replat of Lot 4, Block 3, Silver Acres Subdivision was removed from the table. The recommendation of the Commission was that action on this replat be deferred until a decision has been reached by the Common Council, County Board and Minnesota Highway Department on this proposed interchange redesign. Mr. Tom Wolf, Attorney was present in behalf of Cortland Silver the petitioner and said they had been trying to develop this since 1966; in 1968 they had an option from Shell Oil Company for $85,000 which was lost because no decision had been made; now Mr. Smith of Mobil Oil Company had in July, 1970 put in application and had applied for curb cuts on the access road and a building t and he was advised this should be replatted, so they were wondering why a hearing had not ven been set on the replat which had been submitted; the delay was jeopardizing Mr. Silver's 1 with Mobil Oil Company. Mr. Cortland Silver was also present and said they had been iting for a decision on this area by the Highway Department for a couple of years and said -he sould now go in and get a permit and build the building and lease the land to the oil ; he said he felt if the State wants the property they should condemn it or let him ld the service station, he also said they had checked with the Minnesota Highway Department they had no plans on the board at present for this area. -After a lengthy discussion, a tion was made by Willmarth, second by Strain, that a hearing be set on the final plat for 30 P. M. on October •19, 1970; all voted in favor. (In the meantime the Public Works ttee was to study it and Jack Dolan was to contact the Highway Department to see if any lans,swere being considered). Upon motion by Willmarth, second:,by McNary, and all voting in favor, the meeting adjourned until 7:30 P. M. President Postier called the meeting to order at 7:30 P. M. with the following rs being present: President Postier,. Aldermen Cherland, Larson, Ludowese, McNary, Strain, llmarth.. Absent: None. following: President Postier stated this as being the time•and place set for hearings on Hearing on proposed assessment - Part I of Improvements on 19th Street N. W. Block 4, Valhalla 4th Subdivision. There was no one present wishing to be heard. President tier declared the hearing officially closed. Upon motion by Larson, second by Strain, and 1 • 1 1 0 11 voting in favor, a resolution adopting assessment for Part I of Street Grading and Surfacing 0 Record of Official Proceedings of the CommonCouncil of the City of Rochester, Minn., —October 5, 1970 66'7 1 is 1 sanitary sewer, storm sewer, Water Main and Service Connections in 19th Street N. W. and Block 4, Valhalla 4th Subdivision was adopted. Hearing on proposed assessment for grading and surfacing of the Mall Road and 16th Street S. W. in Apache Mall. There was no one present wishing to be heard. President Postier declared the hearing officially closed. Upon motion by Ludowese, second by Cherland, and all voting in favor, a resolution adopting the assessment for grading and surfacing of the Mall Road and 16th Street S. W. in Apache Mall was adopted. Hearing on proposed assessment for sewer and water extension in Apache Mall. There was no one present wishing to be -heard. President Postier declared the hearing officially closed. Upon motion by Cherland, second by Strain, and all voting in favor, a resolution adopting assessments for sanitary sewer and water main extensions in Apache Mall was adopted. Hearing on proposed assessment for improvements in Rocky Creek Drive between T. H. # 63 and Rocky Creek Subdivision. There was no one present wishing to be heard. President Postier declared the hearing officially closed. Upon motion by Larson, second by Ludowese, and all voting in favor, a resolution adopting assessments for construction of stree grading and surfacing, sanitary sewer and water main in the Section of Rocky Creek Drivelying between T. H. 63 and the west line of Rocky Creek Subdivision was adopted. Hearing on proposed assessment for improvements in Peck's Hills Third Subdivision. Mr. Rollin W. Hughes, Jr. of 1764 llth Avenue N. E. was present and inquired if there was any assessment -against his lot and was told there was not. There was no one else present wishing to be heard. President Postier declared the hearing officially closed. Upon motion by Cherland, second by Strain, and all voting in favor, a resolution adopting assessment for water main, storm sewer and service connections stubbed into the boulevard in Peck's Hills 3rd Subdivision was adopted. Hearing on proposed assessment -for water tower and trunk line, Southwest Service Area (Parts I, II, IIA). There was no one present wishing to be heard. President Postier declared the hearing officially closed. Upon motion by Strain, second by Ludowese, and all voting in favor, a•resolution adopting assessment for Water Tower and Trunk Line, Southwest Service Area (Parts I, II, IIA) was adopted. Hearing on proposed assessment for improvements to Kellogg Hills Subdivision. Mr. Donald Franke, one of the three owners of this subdivision, was present and said they were opposed to bearing the total cost of the storm sewer, they felt the property down behind Kellogg benefitted and should also be assessed. There was no one else present wishing to be heard. President Postier declared the hearing officlallyi,crlosed. Upon motion by Larson, second by Ludowese, and all voting in favor, this .proposed assessment was -referred back to the City Engineer for further review. Hearing on proposed assessment for Elton Hills Drive N.W. from 3rd Avenue N. W. to the North line of Valhalla Subdivision. There was no one present wishing to be heard. President Postier declared the hearing officially closed. Since the original hearing 0 6 b Record of Official Proceedings of the Common Council of the City of Rochester, Minn., October 5, 1970 • was scheduled several lots had been added and the assessment revised. Upon motion by Ludowese, second by Larson, and all voting in favor,two resolutions (1) ordering preparation of revised assessment and (2) ordering a hearing on the revised assessment were adopted. Hearing on temporary use of Mayo Civic Auditorium Parking,Lot for parking travel trailers. Recommendation of the Planning & Zoning Commission was that this use be granted on a temporary use basis for a 12 month period under the provisions of Paragraph 61.0322 of the Zoning Ordinance. Alderman Ludowese said he understood this would be used to designate certain parts of this lot for permission to park travel trailers and wondered if it was not opening the door to something we do not want to get intp. Mr. Curtis Taylor, Director of Parks and Recreation, said that 90% of the use is for mobile homes to be shown on exhibition. Upon motion by Larson, second by Cherland, and all voting in favor, the recommendation was accepted and the City Attorney was instructed to prepare the necessary resolution. Hearing on conditional use of Lots 1, 2 and 16, Block 2, Graham's Addifion for "off street" parking. Recommendation of the Planning & Zoning Commission was that the application be granted approval with the suggestion that the applicant do what he fells he can to provide some screening protection for the adjoining properties. Mr. Tom Burns of 1425 - 2nd Avenue S. W. was present and said they were not opposed to this being used as a parking lot but seemed that it was more of a storage lot. Mr. Dennis Peterson,.Attorney representing the adjoining properties, also said he felt it was being used for storage and they had the problem of cars coming around Farm & Home ending up pn the lawns or.driveways of the abutting property if no screening was provided. There was no one else present wishing to be heard. President Postier declared the hearing officially closed. A motion was then made by Strain, second by McNary, that the variance be granted with the following conditions (1) that it be used for parking only (2) that it have a dust free surface and (3) that screening be put on the west with a green area provided, and the City Attorney be instructed to prepare the necessary resolution; all voted in favor. ,A motion was made by Ludowese, second by Willmarth, and passed unanimously, that the semi-monthly bills in the amount of $96,370.23, list attached, be approved. The petition to annex R.E.A. property north of U. S. 14 East tabled to this meeting was then considered. A letter from the City Engineer submitting costs for improvements was. read earlier in the meeting. A motion was made by Ludowese, second by Willmarth, not to proceed with this annexation; all voted in favor. Resolution authorizing Mayor and City Clerk to execute an amended contract for "Part II of Local Improvements for Northern Hills First Subdivision excepting storm sewer in Northern Hills Drive" between the City of Rochester, Northern Hills, Inc. and Riverside Sand and Gravel Company. Upon motion by Ludowese, second by Willmarth, and all voting in favor, the resolution was adopted. Resolution authorizing Mayor and City Clerk to execute an agreement concerning Job 6921-1-70B Storm Sewer in Northern Hills,Drive in Northern Hills First Subdivision between 1 • 1 I 1 City of Rochester, Lowell, H. Penz, Floyd E. Larson and Robert Gill and Northern Hills,, Inc. Record of Official Proceedings of the :Common Council 669 of the City of Rochester, Minn., October 5, 1970 1 0 Li 1 1 n Upon motion by Cherland, second by Willmarth, and all voting in favor, resolution Resolution amending the Parking Resolution as follows: Section B, No Parking Zones, is hereby amended by adding a new Paragraph (222.5) to read as follows: 10(222.5) 18th Avenue Northwest on both sides between a point 350 feet more or less south of 31st Street Northwest to 33rd Street Northwest at all times". Upon motion by Cherland, second by Ludowese, and all voting in favor, resolution adopt Resolution requesting the Charter Commission to recommend to the Common Council the adoption by ordinance pursuant to the provisions of Minnesota Statutes, Section 410.31, of the following Charter amendment: Amend the Charter of the City of Rochester by adding.Section 164 thereto to read as follows: "Section 164. In addition to excise taxes imposed by the State of Minnesota and any other taxes, the Common Council is authorized to levy an excise tax of not to exceed three per cent on the consideration paid for the furnishing of lodging by hotels, rooming ' house, tourist courts, motels or trailer camps and for the granting of similar license to use real property for lodging purposes other ' than the renting or leasing thereof for a continuous period of 30 days or more." Upon motion by Larson, second by Willmarth, and all voting in favor, resolution adopted. Resolution ordering a hearing on vacating a part of 3rd Avenue N. W. as it now exists along the North 665.46 feet of the north -south quarter line of Section 26, Township 107 North, Range 14 West, excepting a 66 foot length where 26th Street N.W. is platted in Valhalla 2nd Sub. and in Elton Hills East 5th Subdivision if extended, cross said 3rd Avenue N. W. Upon motion by Ludowese, second by Cherland, and all voting in favor, resolution adopted. Resolution authorizing Mayor and City Clerkt o execute agreement between the City and Mayo Foundation for improvements in Meadow Park Eighth Subdivision. Upon mot by Ludowese, second by Strain, and all voting in favor, resolution adopted. An Ordinance annexing to the City of Rochester, Minnesota, certain unplatted land not exceeding 200 acres in area, all being in the East Half of Section 10, Township 106 North, Range 14 West, Olmsted County, Minnesota (Baihly property) was given its second reading. A motion was made by Strain, second by Larson, that the said ordinance be adopted as read and all voting in favor, President Postier declared the said ordinance duly passed and adopted. Upon motion by McNary, second by Strain, and upon roll call and all voting in favor, the rules were suspended and an ordinance relating to Intoxicating Liquors, providing for the issuance of Special Licenses for the sale on Sunday; amending Roches:er Code of Ordinances Sections 160.010, 160.050, 160.120, 160.140, 160.160, 160.180, 160.26 and adding a new Section 160.041 thereto, was given its second reading. A motion was made by Larson, second by Strain, that the said ordinance be adopted as read and all voting in favor, President Postier declared the said ordinance duly passed and adopted. Upon motion by Strain, second by Ludowese, and all voting in favor, the matte of new microphones, seating arrangement, etc. in Council Chambers was referred to the Finance Committee. Upon motion by McNary, second by Cherland, and all voting in favor, the meeting was adjourned until 1:30 P. M. on October 7, 1970. City Clerk 0 Record of Official Proceedings of theCommon Council of the City of Rochester, Minn., October 5, 1970. • Upon motion by McNary, second by Cherland, and all voting in favor, the meeting was adjourned until 7:30 P. M. on October 7, 1970. City Clerk Items referred 1. Minutes of standing Committees 9-28-70 2. Letter from Peoples Natural Gas asking for rate increase 3. Letter from Charles Keal re zoning of Grindlay Property 4. Notice of Injury from Mrs. Sam Crawford (referred to Insurance and City Attorney) 5. Claim of damage to home at 1856 19th St. N.W. David H. Smith (referred to Insurance Company and City Attorney) 6. Claim of Injury - Kurt Ewald (referred to Insurance Company, City Attorney and City Engineer) . 7. Referred to Planning & Zoning: a. application for conveyance of unplatted lands (852. 7th Ave. S.E.) b. application for variance to allow the erection of 60' high.sign at 1915 North Highway 52 (International Motel) c. application to vacate a portion of the alley in Blocks 103 and 104 Willsons Addition (Adamson Motors) d. application for variance at 1219 West Center St. - Armin Sattler LJ is �1 1 El 1 LJ