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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., October 19, 1970 •
Minutes of an adjourned 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
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October 19, 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 Larson, and all voting in favor, the minutes
of the meetings of October 5th, 7th, and 16th, 1970 were approved.
Hearing on final plat of Bailey and Berg Resubdivision. There was no one present
wishing to be heard. President Postier declared the hearing officially closed. A motion was
made by Strain, second by Cherland, that a resolution approving and accepting the plat, subject
to the condition that the owners pay for the cost of relocation of the existing hydrant if the
same is necessitated by development of said plat, be_adopted; all voted in favor.
Hearing on final plat of Replat of Lot 4, Block 3, Silver Acres Subdivision.
Mr. Howard Stewart of 832 Sierra Lane N.E. and Mr. Thomas Murray of 3025-llkAvenue N. W. were
present in behalf of I.B.M., they showed slides of the intersection and figures of the traffic
flow, October showed 2336 cars at the peak time as compared to 2029 last January; they said
they felt in the long range interest of the community a good hard look should be taken at this
intersection and future plans made before any decision is made tgnight. Mr. Tom Wolf, Attorney
representing Mr. Cortland Silver, the owner of the land and also Mobil Oil Company wasagain
heard; he urged that the replat be approved, he said their client was ready to go ahead and
build and.if the replat was not approved they would go ahead and apply for a building permit
on a metes and bounds description; he said the owner had already lost one client and could not
see where plans for the intersection could be completed in less than a couple of years. Mr.
Dick Smith of 606 Mandalia Street, St. Paul, representing Mobil Oil Company, said he felt that
there were two separate issues here, one issuing the building permit and one approving the
replat and could not see why the approval of the plat should be withheld. These -:was no one
else present wishing to bb heard. President Postier declared the hearing officially closed.
A motion was made by Ludowese that the plat be accepted, his.motion was lost for want of a
second. A motion was then made by Willmarth, second by Larson, not to acceptthe plat.
Mayor Day presented a plan for a proposed interchange at about 44th Street N. W. at U. S'. 52
It was noted that there were no funds available for the improvement of this or the present
interchange at 37th Street and no committment had been made by either the County of I.B.M. for
participation in the costs. After a lengthy discussion Alabrman Larson withdrew his second and
and Alderman Willmarth withdrew his motion above. A motion was then made by Ludowese, second
by Strain, that the replat be accepted and a resolution approving the same be adopted; all
voted in favor, except Alderman Larson who voted "nay".
Mrs. James Vesey of 3604 21st Avenue N.W. was present and spoke in behalf of herself
Rnd Mrs. Richard Powers of 3534 21st Avenue N.W., Mrs. Dennis Korth of 3610 21st Avenue N.W.
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and other residents on this street and said they knew this was not the intersection in this
Record of Official Proceedings of the Common Council
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of the City of Rochester, Minn., October 19, ;1970 ��
hearing, but they understood that the Standard Oil Company was making plans to build a
service station on the corner of 36th Street.. and 21stAvenue N.W., she said they objected
to the station here but if it were to be built they requested that access to the station
be put on the service road and not on 21st Avenue; they said they knew the hearing was not
on this but wanted to �toice their opposition before it was started. .
Alderman Cherland was excused at 9:10 P. M.
Upon motion by Ludowese, second by Strain, and all present voting in favor,
the request of the Downtown Merchants to close off Second Street S.W. between Broadway and
First Avenue on November 27th from 9:30 to 11�:30 a.m. to "ring in.' the. Christmas Shopping 'i
Season was approved and the Police Department was instructed to coordinate the resulting
traffic and vehicular problems. .
Upon motion by Strain, second,by�Willmarth, and all present voting in favor,ll
a resolution was adopted authorizing and directing the Mayor and City Clerk to execute on 'i
behalf of the City, the contract with McGhie and Betts, Inc. for airport engineering for
1971.
Recommendation of Airport Commission that the low^:bid of Thompson -Yaeger Inc
to provide air conditioning for the FAA quarters on the 3rd floor of the Service Building
at the Rochester Municipal Airport be accepted. Upon motion by Strain, second by Willmarth
and all present voting in favor, the recommendation was accepted and the bid approved. III
Upon motion by Larson, second by Willmarth, and all present voting in favor,ll
the contract bonds of Rochester Sand & Gravel in the amount of $54,964.76 with Transamericl
Insurance Company as surety; Riverside Sand & Gravel in the amount of $34,466.30 and.
Northern Hills, Inc. in the amount of $133,280.00 with Wisconsin Surety Corp.. as surety;
and Mayo Foundation in the amount of $75,272.65 with Federal Insurance Company as surety
were approved. _
Resolution that the improvement costs for Local Improvement Job No. 5710-
66 Part 4 ,(construction of a trunk line sanitary sewer to Country Club Manor 1st Addition)
in the amount of $22,317.77 plus icy Brest, be finances as a deferred assessment to be
assessed with interest when the benefitteci property is annexed�to the City. Upon motion by
Larson, second by Willmarth, and all present voting in favor, resolution adopted.
_Recommendation of Public Works Committee that ,the requirements of Article
61.140 of the building regulations which specifies contracting or installation of sanitary
sewer and water mains prior to issuance of a building permit be waived fn case of the
RochesterSquare Apartments and the Building Inspector be authroized to issue a building
permit for their construction provided other requirements are complied with. Upon motion
by Strain, second. by Willmarth,. and all present voting in favor, recommendation approved.
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Recommendation of Engineering -Traffic Division that 13th Avenue. N.W.. between)
12th and 14th Street be closed from 10:00 a.m. to 2:00
p.m..on school days only as
requested, and .that the school be required. to purchase, the signs and bases for the signs ��
(St. Pius
School). Upon motion by Ludowese, second
by McNary, and all present voting in
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favor, the
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recommendation was approved and the City
Attorney instructed to prepare the ��
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6 Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., October 19, 1970 •
cessary resolution.
Recommendation of Engineering -Traffic Division that the Council adopt a resolution
esignating (1) 14th St. and llth Avenue N.W. modernizing the existing traffic signals and
hannelization and (2) 3rd Avenue and 9th Street S.E. - installing traffic signals and
hannelization as high priority projects, this is required to apply for TOPICS funds. Upon
otion by Willmarth, second by Larson, and all present voting in favor, the recommendation was
ccepted and the City Attorney instructed to prepare the necessary resolution.
Recommendation of Engineering-Traffid Division that parking be removed on the
th side of 4th St. S.W. from 3rd Avenue to'the alley and upon motion by Larson, second by
train, and all present voting in favor, the recommendation was accepted and the City Attorney
tructed to prepare the necessary resolution.
Recommendation of Engineering -Traffic Division that a school adult crossing
guard be placed at the intersection of llth Avenue and East Center Street. Upon motion by
Willmarth, second by Larson, and all present voting in favor, the recommendation was approved
,and the City Attorney instructed to prepare a resolution authorizing placement of a guard at this
location.
Recommendation of Engineering -Traffic Division that parking be removed on the
south side of 1st Street S.W. between 3rd and 4th Avenues at all times. Upon motion by Strain,
second by Willmarth, and all present voting in favor, the recommendation was accepted and the
ity Attorney instructed to prepare the necessary resolution.
Recommendation of Engineering -Traffic Division that the Council adopt a resolution
uthorizing execution of proposal to employ Bather, Ringrose, Wolsfeld, Inc. for general
onsulting and' review services for the development of the TOPICS Plan and Report. Upon motion
y Strain, second by Willmarth, and all present voting in favor, the recommendation was accepted
nd the City Attorney instructed to prepare the necessary resolution. °
° Recommendation of Finance Committee that the fees at the scales be increased as
llows and that the firemen at Station #1 be instructed to weigh in trucks, etc. in the absence
f the regular weighmaster: Present Proposed
Vehicles under 7,000 lbs. $ .25 $1.00
Vehicles over 7,000 and
under 40,000 .50 2.00
Vehicles over 40,000 lbs. .75 3.00
Semi -Truck up to 60,000 lbs. 1.00 4.00
Semi -Truck over 60,000 lbs.- 1.50 5.00
The committee also recommends that the fee for dispensing gas
to other governmental users be 1G per gallon,
on motion by Larson, second by Willmarth, and all present voting in favor, the recommendation was
cepted and the City Attorney instructed to prepare a resolution setting up the said fees.
Recommendation of Finance Committee that the City enter into an agreement
th the State of Minnesota relative to rental or Xerox equipment and various other commodities.
motion by McNary, second by Strain, and all present voting in favor, the recommendation was
cepted and the City Attorney instructed to -prepare the necessary resolution.
Recommendation of Finance that bids be advertised for furnishing the seasons supply
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f rock salt. Upon motion by Ludowese, second by Strain, and all present voting in favor, the
commendation was accepted and a resolution ordering bids was adopted. `' •
Record of Official Proceedings of the Common Council 677
of the City of Rochester, Minn., October 19, 1970
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Request of Imperial Airways, Inc. to operate a Heli-Port between Minneapoli
St. Paul and Apache Mall starting October 27, 1970. Mr. Sam Sims was present and urged
that their request be granted, he said they would have two different_.; kinds of helicopter
one four place executive and one 10 passenger helicopter; upon motion by Larson, second
Willmarth, and all present voting in favor, they were granted a three month temporary permit
subject to approval of the Public Safety Committee
A'motion was made by Strain, second by Larson, and passed unanimously, that
the semi-monthly bills, list attached, in the amount of $92,883.25 be approved.
Resolution approving final development plan for a Community Shopping Center
located at Northwest corner -of 12th Street S. E. (U.S. Highway Nos. 14 & 52) and 15th
Avenue Southeast. Upon motion by Ludowese, second by Strain, and all present voting in
favor, resolution adopted.
Resolution granting permission -to use Lots 1, 2 and 16, Block 2, Grahams
Second Addition for an off-street parking*lot. Upon motion by Willmarth, second by
Ludowese, and all present voting in favor, resolution adopted.
Upon motion by Ludowese, second by Willmarth, and all present voting in
favor, the petition to vacate 5th St. S.E-. from west line of Eirst Avenue S•:.E. and
recommendation of Planning Commission was taken off the table. Resolution ordering a
hearing on the petition to vacate 5th St. S.E.-from west line of 1st Avenue S.E. to
a point 100 feet west therefrom. Upon motion by Strain, -second by Ludowese, and all
present voting in favor, the resolution was adopted.
Resolution granting temporary use permit to Board of Park Commissioners to
use parking lot adjacent to Mayo Civic Auditorum for temporary parking of mobile homes,
camping trailers and similar equipment, during the use of the auditorium for home shows,
circuses, sports and recreation shows and similar activities. Upon motion by Strain,
second by Larson, and all present voting in favor, resolution adopted.
Resolution authorizing Mayor and City Clerk to execute agreement between the
City and Carl Hutchins approving plans and specifications for certain improvements in
Hutchins Second Replat (Job No. 6903-1-69). Upon motion by Larson, second by Strain, and
all present voting in favor, resolution adopted.
Resolution -endorsing the principles of equitable tax policy and reform
exemplified in Amendment No. 1 relating to tax-exempt property, and urging its
ratification at the general election on November 3; 1970. Upon motion by Willmarth,
second by Larson, and all present voting in favor, resolution adopted.
Resolution authorizing and directing Mayor and City -Clerk to execute the
release and indemnifying agreement between the City, Midland Construction, Inc. and St.
Paul Fire & Marine Insurance Company relative to contract for 115 KV Line Construction.
Upon motion by Larson, second by Ludowese, and all present voting in favor, resolution
adopted.
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Record of Official Proceedings of the Common ' Council
of the City of Rochester, Minn., October 19, 1970 •
Resolution amending Parking Ordinance No. 871 as follows:
(1) Section I, Parking -Meters, Zone C is hereby amended by adding thereto
Paragraph (15) to read in its entirety as follows:
"(15). Fourth Avenue Southwest on the West side between 1st
Street and 2nd Street."
(2) Section B, No Parking Zones, Paragraphs (18), (33), (35) and (134)
are amended in their entireties to read as follows:
11(18) West Center Street on the south side of the street between
Fifth Avenue and Sixth Avenue between the hours of 7:00 a.m.
and 4:00 p.m. on school days only."
"(33) First Street Southwest on the south side of the street from
Fourth Avenue Southwest to a point 80 feet,•more or less, west of
Fourth Avenue Southwest, at all times; and'from a point 80 feet, more
or less, west of Fourth Avenue Southwest to -Fifth Avenue Southwest
between the hours of 7:00 a.m. and 4:00 p.m. on school days only."
'!(35) First Street Southwest on the north side of the street between Fifth •
Avenue And Sixth Avenue in front of the building known as Central
School between the hours of 7:00 a.m. and 4:00 p.m. on school days
only." .
"(134) Sixth Avenue Northwest on the west side of,the street between West
Center Street and First Street Northwest between the hours of 7:00
a.m. and 4:00 p.m. on school days only."
Upon motion by Willmarth, second by Ludowese, and all present voting in favor, resolution adopted.
Resolution authorizing and directing Mayor and City Clerk to execute on behalf
of the City the lease agreement between the City and Kenneth Wilder. Upon motion by Willmarth,
second by Larson, and all present voting in favor, resolution adopted.
. Ordinance amending Ordinance No. 1466 entitled "An Ordinance establishing within
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the City of Rochesteran Urb.an Service District as Separate Taxing Districts (Baihly property).
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Upon motion by Larson, second by Willmarth, and all present voting in favor, a hearing on this
ordinance was set for 7:30 P. M. on December 1.4, 1970.
Upon motion by Larson, second by Ludowese, an Ordinance rezoning Oil City
Property from R-1 District to M-2 District was adopted; all present voted in favor.
An Ordinance creating the office of City Administrator, prescribing the
administrator's duties and responsibilities; and amending -the Rochester Code of Ordinance by
adding a new Chapter 37 thereto, was given -its second reading. Upon motion by Larson, second
by Ludowese,.and all present voting in favor, the ordinance was adopted as read.
An Ordinance relating to Intoxicating Liquor.and the licensing and transfer of
licenses therefore; amending Rochester Code.of Ordinance Section 160.150, was given its first
reading. Upon motion by Larson, second by Strain,.and upon roll call and all present voting •
in favor, the rules were suspended and the ordinance was given its second reading. Upon motion
by Strain, second by Willmarth, and all present voting in favor, the ordinance was adopted as
read.
Upon motion by Strain, second by Larson, and all present voting in favor, the
recommendation regarding removal of parking in 2nd Avenue S. E. in the 1600 block was tabled
until November 2, 1970.
Upon motion by Ludowese, second by Strain, and all Present_ -voting in favor, the
meering was adjourned.
City Clerk
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Record of Official Proceedings of the- Common Council
of the City of Rochester, Minn., October 19,_ 1970
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INFORMATION
1. Minutes of Standing Committees 10-13'70
2. Claim of Injury at Soldiers Fiedl - Wayne Gammell (referred to Insurance, City
Attorney and.Park Department).
3. Municipal Court Financial Statement for July and August, 1970.
4. The Public Service Commission has reallocated the costs for installing signals at the
point where 15th Avenue N.E., when extended, crosses the ROW and tracks of the
Chicago & Great Western Ry Co. This was done at the request of the Ry due to the
increased costs in labor and materials. The estimated cost of the signals is
$13,230. The City is to pay 10% of the actual cost of installation, but not to
exceed $1,323.00. The Ry is to pay 80% of the actual cost but not to exceed
$10,584.00.
5. Referred to Planning &Zoning Commission:
a. application for variance - Blks 1 & 3, Apache Mall Shopping Center Sub.
b. application for approval of shopping center -Block 1 & 3, Apache Mall Shopping
Center Sub.
c. application to vacate 16k St..N.W. and temporary dul-de-sac westerly of 3rd
Ave. N.W. (Grindlay &Crenlo)
d. petition to rezone Lot 2 and east kS of Lot 3,'Original Plat from R-3 to R-4
(Robert and Virginia Neill)
e. application for variance - east 34 feet of'Lot 3 and all Lot 4, Block 15,
Head & McMahons Addition (Robert Springer)
6. Letter has been received from James E. Juhl asking theCity to undertake a feasibility
report for providing sewer and water to Golden Hill, Knollwood Acres, South
Knollwood Acres, etc. area which had earlier petitioned for annexation in
September (referred to Public Works.Commiftee)
7. Notice of hearing before Public Service Commission re request for intrastate passenger
fare increase.