HomeMy WebLinkAbout11-02-1970680
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., November 2, 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 November 2, 1970.
President Postier called the meeting to order at 2:00 o'clock P. M., the following
members being present: President Postier, Aldermen Cherland, Larson, Ludowese, McNary, Strain,
IWillmarth. Absent: None.
Upon motion by Willmartb, second by Strain, and all voting in favor, the minutes
lof the meeting of October 19, 1970 were approved.
the following appointments were submitted by Mayor Day:
Reappointment to Building Code -
Board of Appeals Committee:
Kenneth L. Carlson
2°year'term - expires November 1, 1972
1408 14th Avenue N.E.
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Kenneth C. Pieper
2 year term - expires November 1, 1972
1506 14th Avenue N. E.
Richard A. Hanson
2 year term - expires November 1, 1972
2551 12th Avenue N. W.
Reappointment to Heating, Ventilating &Air Conditioning Board of Appeals:
Lloyd Collopy (At Large)
3 year term - expires November 1, 1973
1305 8th Avenue N..E.
Appointment to Planning & Zoning
Commission:
Ray Hasley
Term of office expires December 31, 1972 '
1001 1st Avenue S. E.
(to fill unexpired term of office Of Mr.
Henry Maass)
JA motion was made by Cherland, second by Strain, that the appointments be approved. A motion
Iwas made by Larson, second by Strain, that the appointments be tabled until later in the
meeting; all voted in favor.
Public Safety Committee recommendation of the following amendments to the City
Code: 1.
That the City be authorized to issue one off -sale exclusive license
for each 4,000 residents, according to the latest official census.
Atthe present population of 47,797, this would allow one additional
license. It appears at this time that the 1970 census would allow
an additional license under the above ratio.
2.
That a non-refundable investigation fee for new on and off -sale liquor
license applications be established as follows:
a) Individual $200
b) Partnership 300
c) Corporation 500
3.
Increase the minimum guest room and dining capacity for hotels, motels and
restaurants as follows:
a) Hotel -Motel Restaurant. A minimum of 150 guest rooms and a
minimum dining capacity to serve 100 guests at one seating.
b) Restaurant. A minimum dining capacity to serve 100 guests
at one seating.
This provision would not be retroactive to existing licenses, nor would it
require conformance to a new owner/licensee of an existing licensed establishment.
4.
Provide in the ordinance specifically for an exclusive on -sale liquor license
classification. An exclusive liquor store is defined by state law as an "
"establishment used exclusively for the sale of intoxicating liquor, cigars,
cigarettes, ice, all forms of tobacco, non -intoxicating malt beverages and
soft drinks at retail, either on or off -sale."
5.
Establish a ratio:: of exclusive on -sale licenses to total authorized on -sale
licenses of a minimum of 30% and a maximum of 40%. The present City official
population is 47,797. The City is authorized to issue one on -sale license for
each 2500 people, or a total of 19 licenses. Under the above ratio the Council
could issue a minimum of 6 and a maximum of 8. At the present time there are
8 licensed establishments that would be classified as "exclusive" on -sale as.
defined under recommendation No. 4.
6.
Increase the annual on -sale fee from $2200 to $3000.
7.
If an applicant for an on or off -sale license proposes to operate a liquor
establishment in an existitg structure, such a structure must meet all of the
minimum requirements of the building and safety codes.
8.
Applicant for on or off sale license be required to submit preliminary plans
and sketches of the proposed new structure or -facility.
9.
If an applicant is approved, the Council would issue a letter of intent to
issue the license subject to meeting the requirements of the City Code and
the representations made by the applicant.
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Record of Official Proceedings of the Common Council
of the City: of Rochester, Minn., November 2, 1970
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10, Require the applicant to specify that the establishment would be opened
within a certain number of days after approval of the application. If the
.establishment did not open within 30 days from that date specified by the
applicant, application approval would be revoked; unless the applicant
submitted a formal request for an extension,of time.
11. That new application forms be designed to reflect the amended ordinance
changes tnd applicants would be considered only from this new application
form. All existing applications or letters of application on file in the
City Clerk's office would have to be re -submitted to be considered. Date
or time of submitting an application would not be a.consideration in
approving applications.
A motion was made. by Larson, second by Strain, that this be tabled until later in the
meeting; all voted in favor.'
The following bids were received for furnishing the seasons supply of rock salt
for the Street & Alley. Division: International Salt Company @ 12.70 per ton; Diamond
Crystal Company @ 11'.60 per ton; ,and Cargill, Inc. @ 10.60 per ton. Upon motion by
Ludowese, second by Larson, and all voting in favor, a resolution was adopted accepting
the low bid of Cargill, Inc. and authorizing the Mayor and City Clerkto execute the
contract; all voted in favor.
Upon motion -by Willmarth,, second by Cherland,: and all voting in favor, the
application of Skyways of Rochester, Inc. for a -Sunday Liquor License was approved.
Upon motion by Willmarth, second by Cherland, and all voting in favor, ,the •
applications for transfer of "on" and "off" sale 3.2 non -intoxicating malt, liquor.licensel
from Danny Juenger at The Tap Room at 119 North Broadway toE�;Dean~-R:e_Day was approved
and the application of a cigarette license to Dean L. Day was approved.
Upon motion by Willmarth,-second by Cherland, and all voting in favor, the
license bond of Skyways of Rochester, Inc. in the amount of $3,000 with Northwestern
National Insurance Company as surety and the contract bond of Riverside Sand & Gravel in
the amount of $22,395,00 with Fidelity and Deposit Company of Maryland were approved.
Upon motion by Ludowese, second by Cherland, and all voting in favor, two
resolutions approving proposals for engineering services with McGhie & Betts, Inc. for
the two following projects and authorizingthe Mayor and City Clerk to execute the said
proposals were adopted: (1) Job 6303-1-70 Extension of Sanitary Sewer -and Watermain in
3rd Avenue N. E. to Lot 1, Block 1, Northstar Subdivision and (2) Job 6012-3-70B Sanita
Sewer construction in utility easement,.Northwood 3rd Addition.
Recommendation of Public Works Committee in regard to the problems of traffic
and business development atthe intersection of 7th Street N.W. and T. H. 14 West:
(1) That the 7th Street intersection be improved and continued as a grade
crossing until an interchange with T. H. 14 and the future North -South
major street, presently considered near 35th Ave. N.W. is constructed.
(2) That when that interchange is constructed, 7th Street be closed as a
grade crossing but continue to provide for on and off traffic from
the frontage roads to the trunk highway at this point.
(3) That in the improvement of the 7th St. N.W. grade corssing it be desinged
so that it can be converted from its temporary use (grade -crossing) to its
ultimate use (no crossing across the centerline) by merely closing the
median strip.* t .
They further recommend that the Council make sufficient record of this action by
resolution and incorporating it into the Thorofare plan so that owners and developers
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Record of Official Proceedings of the Common ' Council
of the City of Rochester, Minn., November 2, 1970 40
(present and prospective) will be informed of the City's intentions to close the median crossing
in the future; this recommendation is based'on'the follosing considerations:
(a) 7th St. must continue as a grade crossing until a satisfactory interchange
is constructed.
(b) This interchange will probably be located at or near the 35th Ave location,
but cannot be expected to be constructed.for another 5 or 10 years.
(c) When this interchange is constructed, it will be in the best Interests of
traffic safety to -close the median at 7th St. and discontinue centerline
crossings and left hand .turns across TH* i4, at this poitht.
(d) That by making this determination now and providing for its implementation,
land owners and developers will be provided with the information they need
to proceed with proposed developments in this vicinity.
(After viewing the plan as shown by C. A. Armstrong, City Engineer, a motion was made by Ludowese,
second by Larson, that the recommendation -be accepted and the City Engineer proceed to try to get
a plan that meets agreement with all concerned; all voted in favor.
Upon motion by Larson, second by Willmarth, and all voting in favor, the recommend-
ation of Engineering (traffic) that the "truck loading zone" in from of Swift Company on East
Center Street be removed and a 90 minute meter.be installed was accepted and the City Attorney
was instructed to prepare the necessary resolution.
Upon motion by Larson„ second by Ludowese,: and all voting. -in favor, the recommend-
ation of Engineering (traffic) that a no -parking zone be established on the east side of 3rd
Ave. S.E..between .'llth and 13th Street and on the west ,side of .3rd Ave: S.E. between llth Street
and point 250 feet more or less -south -of 12th Street ht all times be accepted and the City
Attorney was instructed to prepare the necessary resolution.
Upon.motion by Ludowese, second by Willmarth, and all voting in favor, the
recommendation of.Engineering (Traffic) that one 90 minute meter and the passenger loading zone
in front of the Library be .removed and that two 12 minute parking meters be installed was
accepted and,�'the-.,City.,Attorney was instructed to prepare the necessary resolution.
Recommendation of Public Safety Committee that they h$d met with the Railroad
representatives and discussed the delay problems the trains are causing -on several city streets,
and they are a::in agreement that the maximum'speeds of. -the trains should be increased from 5 miles
per'hour to 10 miles.through the downtown and mxaimum limit of 20 miles per hour beyond this
area;:increasing this speed will require modification of the signals at an estimated cost of
$500 which will be at.the City's expense and it will also be necessary.-tQ improve a large
.portion of the track thru,downtown and this will be done at the Railroads expense. Upon motion
by Larson, second by Ludowese,-the recommendation was accepted and the City Attorney instructed
to prepare a resolution petitioning the Public Service Commission to increase.the maximum speed
of trains at.6th Avenue N..W., 4th Avenue N. W., 1st Avenue N..W., Broadway and 1st Avenue N. E.
from 5 miles per hour'to 10 miles per hour and"the maximum speeds at other crossings within the
City to a maximum speed of 20 miles per hour; 411 voted in favor.
Recommendation of Public*Safety Committee that parking be removed on both sides of
4th Street S. E. between 1st Avenue S. W. to the 4th Street S. E. bridge, this has been
recommended as an attempt to reduce the high number of accidents and to provide.a more orderly
flow of traffic, there has.been 57 accidents at this intersection in the past 2 years and 7
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months; this involves the removal of 22 meters and 2 loading zones, the committee did stipulate
Record of Official Proceedings of the Common ` Council
of the City of Rochester, Minn., November 2, 1970
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that an attempt would be made to replace these meters in other locations and that an
investigation be made in this regards. Upon motion by Larson, second by Willmarth, and all
voting in favor, the recommendation was accepted and 'the City Attorney instructed to prepare
a resolution that (a) establishing a no -parking zone on both sides of 4th St. S.W. and S.E.
between 1st Ave. S.W. to the 4th Street S.E. bridge at all times (b) delete subsection 24
�I of Section D of the Master Parking Resolution (c) delete subsections 69 and 70 of Section E
of the Master Parking Resolution (d) amend subsection 14 of Section I (60 minute parking) to
read as follows: "Fourth Street Southeast on both sides of the street between the Railroad
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tracks and Third Avenue (e) Amend Subsection 16 of Section I (90 minute parking) to read as
follows: ''Fourth Street Southwest on both sides of the street between First Avenue and
Second Avenue".
Upon motion by Ludowese, second by McNary, and all voting in favor, the City
Attorney was instructed to prepare a resolution prohibiting parking on the west side of 6th
Avenue N. W. from 1st Street S. W. to a point 100 feet more or less north of lst Street S. W.
at all times (as requested by Gerald Hesley, D.D. S.)
Bids for sanitary sewer in the Utility Easement of Northwood 3rd Subdivision;
Bids were received from Fraser Company, Inc. in the amount of $9,187.00 and Riverside Sand
& Gravel Company in the amount of $8,844.20. Upon motion by Willmarth, second by Ludowese,
and all voting in favor, a resolution was adopted accepting the low bid of Riverside Sand &
Gravel Company and authorizing the Mayor and City Clerk to execute ttr contract.
Upon motion by Ludowese, second by Willmarth, and all voting in favor, the j
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,following four resolutions were adopted (1) Resolution declaring cost to be assessed and
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ordering preparation of proposed assessment for water & s@wer to serve the easterly 200 feetfi
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of Lot 35, Auditor's Plat "A" (2) resolution ordering a hearing on the proposed assessment �I
listed in No. 1 (3) resolution ordering preparation of proposed assessment for extension of
sanitary sewer and water main to I0I site Nk Sec. 28, Cascade Township (Part II Sanitary
Sewer) and (4) resolution ordering a hearing on the proposed assessment listed in No. 3.
Upon motion by Larson, second by Strain, and all voting in favor, the City
Attorney was instructed to prepare a resolution expressing the City's desire that Highway
# 63 designation on Broadway be removed and be redesignated at some point north of 37th St.
N. W. between Highway # 52 and Highway # 63.
Recommendation of Traffic,Engineering that parking be removed on the west side
of 2nd Avenue S. E. between 16th and 17th Street during the hours of 8:00 a.m, to 4:00 p.m.
Monday through Friday. Upon motion by Strain, second by Ludowese, and all voting in favor,
the recommendation was tabled until November 16, 1970.
Upon motion by Larson, second by Strain, and all voting in favor, the Elim
Baptist Church was granted permission to erect a shield type directional Church Sign in the
boulevard on the Southeast corner of 18th Avenue N. W. and 37th Street N. W.
Upon motion by Larson, second by Strain, and all voting in favor, the
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Record of Official Proceedings. of the Common Council
of the City of Rochester, Minn., November 2, 1970 •
ecommendation of the Adminstrative Assistant regarding liquor ordinance amendments was removed
from the table. A motion was made by Larson, second by Ludowese, that the recommendation be
accepted and the City Attorney be instructed to prepare the necessary ordinance, with one
nt that "if the license site changes they have to comply with the 100 seating capacity".
A motion was made by McNary, second by Willmarth, that the recommendation be amended to read
"that the city be authorized to issue one off -sale license for each 4,000 residents or major
fraction thereof", upon roll call, Larson, McNary, Strain and Willmarth voting "aye" and
Cherland, Ludowese and Postier voting "nay", the motion was carried. President Postier then
called for a vote on the motion as amended and upon roll call, Cherland, Larson, McNary and
Strain voting "aye" and Ludowese, Willmarth and Postier voting "nay", the motion was carried
and the City Attorney instructed to prepare the necessary ordinance.
Miss Nellie Lindblad of 603 First Street S. W. was present and recommended that
the City is cleaning or snow plowing the streets near her that they go completely to the
curb and go a good job instead of leaving part of the debris in the gutter which makes it
hard for people to get in and out of their cars.
Resolution transferring and reappropriating to the Mayor's Contingency account the
sum of $600.00 from the other balances in the 1970 budget in the Mayor & Council's account for
current expenditures. Upon motion by Cherland, second by Strain, and all voting in favor,
solution adopted.
Resolution amending the parking resolution as follows:
(1) Section B, No Parking Zones, Paragraph (104) is amended in its entirety; r.s
to read as follows:
r "(104) Fourth Street Southwest on the south side of the street between
Third Avenue and the alley one=half block east of Third Avenue at all times."
(2) Section E, Passenger Loading Zones, is amended by deleting in its
entirety Paragraph (72).
(3) Section I, Parking Meters, Zone F, Paragraph (12) is amended in its
entirety to read as follows:
"(12) Fourth Street Southwest on both sides of the street between Second
Avenue and Third Avenue; except on the south side from Third Avenue
Southwest east to the alley."
Upon motion by Ludowese, second by Willmarth, and all voting in favor, resolution adopted.
Resolution amending the parking resolution as follows:
(1) Section B, No farking.� Zones, is amended by adding Paragraph `(32.5) to read
as follows:
(32.5) First Street Southwest on the south side of the street from
Third Avenue to Fourth Avenue at all times.
(2) Section C, Special Parking Zones, Paragraph (2) is amended in its
entirety to read as follows:
(2) First Street Southwest on the north side of the street from .
Third Avenue to Fourth Avenue, 12 minute parking Monday through
Saturday from 8:00 A.M. to 6:00 P.M. for postal patrons only.
(3) Section H, Limited Parking Zones, Zone A, Paragraph (8) is amended
in its entirety to read as follows:
(8) First Street Southwest on the north side of the street from Third
Avenue to Fourth Avenue.
pon motion by Willmarth, second by Larson, and all voting in favor, resolution adopted.
Resolution that pursuant to provisions of the Rochester Code of Ordinances,
SSection 22.030, the fees to be charged by the weighmaster shall be as follows:
Vehicles under 7,000 lbs. 1.00
Vehicles over 7,000 and under 40,000 2.00
Vehicles over 40,000 lbs. 3.00
Semi -Truck up to 60,000 lbs. 4.00
Semi -Truck over 60,000 lbs. 5.00
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(fee for dispensing gas to other governmental users shall be
1 cent er gallon)
j Firemen a Fire Station #1 to perform duties of Weighmaster in his absence.
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Record of Official Proceedings of -the .Common .,Council 6 v �
of the City of Rochester, Minn., November 2, 1970
Upon motion by Cherland, second. by.WiIlmarth, and all voting in favor, resolution adopted.
Resolution that the following improvement projects are provided for in the
1970 budget are hereby designated as high priority projects under the TOPICS Program:
(1) 14th Street and llth Avenue Northwest - Widening, channelization,
and modernizing existing traffic control signals.
(2) 3rd Avenue and 9th Street Southeast - channelization and
installation of -traffic control signals.
Upon motion by Willmarth, second by Ludowese, and all voting in favor, resolution adopted.
Resolution authorizing and directing the Mayor and City Clerk to execute on
behalf of the city an easement agreement authorizing the City to use land owned by the
Rochester Sand & Gravel Company for access and landfill purposes and authorizing the
Company to locate a dike on property owned by the City. Upon motion by Ludowese, second
by Strain, and all voting in favor, the resolution was adopted.
Resolution authorizing and directing the Mayor and City Clerk to execute on
behalf of the City an agreement with Pfeifer and Shultz, Engineers for furnishing
engineering services, the cost of the services not to exceed $3,000.00. Upon motion by
Larson, second by Ludowese, and all voting in favor, resolution adopted.
Resolution that 13th Avenue Northwest between 14th and 12th Streets Northwest
be closed to prohibit through traffic from 10:00 A.M. to 2:00 P.M. on school days only,
provided that the St. Pius School purchase the necessary traffic control signs and bases
to be used for such purpose. Upon motion by Ludowese, second by McNary, and all voting
in favor, resolution adopted.
An Ordinance rezoning the property at the Northwest corner of 12th Street
and 15th Avenue Southeast (Welles Shopping Center) to B-3 General Business District was
given its second reading. A motion was made by Ludowese, second by McNary, that the said
ordinance be adopted as read and all voting in favor, President Postier declared the said
ordinance duly passed and adopted.
A motion was made by Larson, second by Cherland, that the Traffic Department
in cooperation with the ROTH committee make a study to determine whether or not there
would be reason to eventually have grade separation at (1) 4th Street N.W. in the vicinity
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of Prows Motel and the Sign Company across the highway, which would provide access to that
side of the highway, and this should be studied before the property becomes real expensive
(2) pedestrian overpass in the vicinity of 27th Street Northwest and the traffic department
conduct a study to see if it would not be advisable to include a grade separation crossing
in the future; all voted in favor of the motion.
A motion was then made by Alderman Larson that a resolution be prepared that
political yard signs be prohibited in residential areas; he said he found that about 75%
had been knocked down by election and there were often two or more in one yard, this
would not prohibit anyone from placing a sign in their window or door; his motion was lost
for want of a second.
A motion was made by Strain, second by Willmarth, that the Finance Committee
take the necessary corrective measures as outlined in the report submitted by Glatzmaier,
Smith & Company dated December 31, 1969; all voted in favor.
686 Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., November 2, 1970 •
Mr. Marvin Pelliner of 217 - 4th Street S. E. was present andsaid they had put up
a sign for their "Wig Warehouse" and did not know that they had to have a permit, their sign is
made of tempered masonite and is not combustible but a sign that is not combustible can not be
as large as the one they.have. They were to check with the Planning Department and if the sign
is not combustible they will have.to apply for a variance. A motion was made by Ludowese, second
by McNary, that this sign be allowed to be left up for 45 days and in the meantime this matter
be cleared up with the Planning Department; all voted in favor.
A motion was made by Strain, second by McNary, ah&•passedeunanimously, that the
semi-monthly bills, list attached, in the amount of $85,626.58 be approved.
Upon motion by McNary; second by Willmarth, and all voting in favor, the meeting was
adjourned until 7:30 o'clock P. M.
President Postier called the meeting to order at 7:30 o'clock P. M., with the
following members being present: President Postier, Aldermen Cherland, Larson, Ludowese,
McNary, Strain, Willmarth. Absent: None.
Hearing on proposed assessments for sewer and water extension from T. H. 14 to 7th
Street Northwest and in 7th Street abutting Valleyhigh 2nd Subdivision (and 3rd). There was no
one present wishing to'be heard. President Postier declared the hearing officially closed. A
motion was made by Strain, second by Ludowese, that the resolution adopting the assessment roll
for this project be adopted; all voted in favor.
Hearing on proposed assessment for surfacing of'7th Street Northwest from the
Chicago Great Western Railway to the west line of Valleyhigh 2nd Subdivision. 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, that the resolution adopting the assessment roll
for this project be adopted; all voted in favor.
Hearing on proposed.assessment for improvements in Elton Hills Drive Northwest from
3rd Avenue Northwest to the North line of Valhalla Subdivision. There was no one present
wishing to be heard. President Postier declared the hearing officially closed. A motion was
made by Ludowese; second by McNary, that the resolution adopting the assessment roll for this
project be adopted; all voted in favor.
Hearing on extension of sanitary sewer and water main in 3rd Avenue N. E. to Lot 1,
Block 1, Northstar Subdivision. 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 proceed with the project and a resolution ordering bids b-efadopted; all voted in
favor.
Upon motion by Larson, second by Ludowese, and all voting in favor, the Mayor's
appointments of Lloyd Collopy as a member to the Heating, Ventilating & Air Conditioning Board
of Appeals (at large) and Ray Hasley as a member of the Planning & Zoning Commission were
approved.
Mayor Day stated that last week on October 29, 1970 when President Nixon was in
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the City, many people participated to make it a success and he would like to thank them -
the City Council, the City Engineer's Department; the people at the Auditorium and theePark 11
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Record of Official Proceedings of the' Common Council
of the City of Rochester,:: Minn:, November 2, -1970
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Department, Mrs. McQuillan, James Andre, the Airport people, the Fire Department, the
Police Reserve, the Sheriff's Department, the Police Department and especially Chief Macken,
and also the people of Rochester and especially the young people; there is no way that one
could be Mayor and bea:m6m-proud of the community than you are when you know you have this
big a delegation in the City, the handling it tales so that no one gets hurt, when you have
that big a group so .there is no accident, it took a tremendous amount of work on many
peoples part and I think the whole community should be commended on their welcome for the
Chief Executive of the United States.
Upon motion by McNary, second by Strain, and all voting in favor, the meeting
was adjourned until 7:30 o'clock P. M. on November 16, 1970.
City Clerk
INFORMATION
1. Minutes of Standing Committees 10-26-70
2. Claim of Injury - Paul F. Kelly (referred to Insurance, City Attorney and Park Dept.)
3. Petition for local improvement of sewer & water extension to 4.36 acres tract in
NE'k of the NE'k Sec. 12, Rochester Township fronting on the West side of T. H.
52 (referred to City Engineer)
4. Referred to t.Planning & Zoning:
a. application for variance Lot 6, Block 1, Bailey & Berg Resubdivision
b. petition for rezoning from R-2 to R-4 property located at 15-7th Avenue
N. W. (Lund & Truax)
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