HomeMy WebLinkAbout03-01-1971Record of Official Proceedings of the Common Council 33
of the City of Rochester, Minn., March 1, 1971
Minutes of a regular meeting of the Common Council of the City of Rochester,
Minnesota, held in the Council Chambers,in the City Ha,ll,, in said City, on March 1, 1971.
President Postier called the meeting to order at 7:00 o'clock P. M., the followic
members being present,: ,President Post}er,, Aldermen Larson,, Ludowese, McNary, Novak, Strain,
Willmarth. Absent: None,, ,
Upon motion by Novak, second by Willmarth, and all voting in favor, the minutes
of the meetings of February 15th and 24th, 1971 were approved.
Upon motion by, Strain, second by Larson, and all voting in favor, a resolution
was adopted referring the improvement petition for grading, surfacing, water main and storm
sewer construction in 40th Street N. W. from 366 feet east of the west line Section 26-107-11
to 660 feet east of the west line pf said Section,23,to the City Engineer and Public Works
Committee for determination of adequacy, feasibility report and recommendation. -
The applications for Off Sale Intoxicating Liquor License of Gopher Liquors of
Rochester, Inc. (Lawrence H. Bielenberg); Huey's Drive In Liquor Store, Inc. (Gene F. Huey);
Rochester Liquor Supply, Inc. (Roger Wickstrom and F. W. Reichert); Bobs Liquor Store
(Milton and Sam Golob); Buckeye Liquor Store,, Inc. (Stanley C. Mohn); Deluxe Liquor Store of
Northbrook, Inc.. (Norman Wyatt and Edward Livingston); Hillcrest Liquors, Inc. (Donald
McConnell and Harry Drosos); Daly Liquor, Inc. (Joseph Daly); Andy's Liquor, Inc. (Gus
Chafoulias); and Northgate Liquor Store (Peter H. McHardy) were each presented. Upon motion
by Larson, second by Willmarth, and all voting in favor, thelicenses were granted subject to
the approval of the State Liquor Control Commissioner.
The license bonds, each in the amount of $1,000.00 of Deluxe Liquor Store of
Northbrook, Inc. and Huey's Drive In Liquor Store, Inc,, with Western Casualty & Surety
Company as surety; Buckeye Liquor Store, Inc. and Rochester Liquor Store, Inc. with Universal
Surety Co. as surety; Hillcrest Liquors, Inc. with Western Surety Co. as surety; Bobs Drive
In Liquor with Northwestern National Ins. Co. as surety; Gopher Liquors of Rochester, Inc.
with Hartford Accident and Indemnity Co. as surety; Andy's Liquors, Inc. with Northwestern
National Ins. Co. as surety; Daly Liquor, Inc. with Transamerica Ins." Co. as surety; and
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Northgate Liquor
Store with Travelers Indemnity,Co. as surety, were each presented. Upon
motion by Larson, second by Willmarth, and all voting in favor, the bonds were approved, the
surety thereon accepted and the same were ordered placed on file.
Recommendation of Public Safety Committee that the�a2 A. M. to 6 A. M. parking
restriction on some of the downtown streets be expanded tocther streets in the C.B.D. The
reason for this is to give the Maintenance Division a better opportunity to remove snow and
sweep streets by freeing them of parked cars during this period; both sides of the following
listed streets and avenues were recommended:
2nd Avenue S.W.-N.W., 4th Street S.W. to 2nd St. N.W.
1st Ave. S.W.-N.W., YMCA Building to,4th St. N.W.
Broadway - Zumbro River Bridge North to Railroad Tracks.
1st Ave. S.E.-N.E., 2nd St. S.E. to 1st St. N. E.
2nd Ave. S.E.-N.E., 2nd St. S.E. to 2nd St. N.E.
3rd Ave. S. E., 2nd St. S.E. to 4th St. S.E.
6th St. S.W., 4th Ave, S. W. to Broadway
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., March 1, 1971
5th St. S. W., 1st Ave. to 2nd Ave. S.W.
4th St. S.W.-S.E., 4th Ave. S. W. to 6th Ave. S.E.
3rd St. S.W.-S.E., 4th Ave. S.W. east to parking lot (alley)
2nd St. S.W.-S.E., 6th Ave. S.W. to 2nd Ave. S.E.
1st St. S.W.-S.E., 4th Ave. S.W. to 2nd'Ave. S.E.
Center - 4th Ave. S. east to Zumbro Bridge.
1st St. N.W.-N.E., 4th Ave. N. W. to 1st Ave. N.E.
2nd St. N.W.-N.E., 4th Ave. N. W. to 2nd Ave. N.E.
2nd St. S.W. - llth Ave. S.W. to 17th Ave. S.W.
A motion was made by Larson, second by Strain, that the recommendation -be accepted and the City
Attorney be instructed to prepare the necessary resolution. Alderman Ludowese said he felt that
item #1 should be changed to read 2nd Ave. S.W.-N.W., 4th St. S.W. to 2nd St. S.W. as there were
a number of residences along 2nd Avenue between 4th and 6th and this could cause problems for
them. A motion was then made by Larson, second by Ludowese, to amend the above recommendation
to change item #1 to be on 2nd Ave. S.W.-N.W. from 4th St. S.W. to 2nd St. N.W., and all voted
in favor of the amendment. President Postier then called for a vote on the original motion as
amended and all voting in favor the same was approved and the City Attorney instructed to prepare
the necessary resolution.
A motion was made by Ludowese, second by Strain, and all voted in -favor, instructing
the '.Cllty Attorneyto prepare a resolution authorizing the Mayor and City Clerk to execute an
agreement between the City and State to cover preliminary engineering and.right-of-way
acquisition -for traffic operation improvement projects under the TOPICS Program (this agreement
is necessary in order to make eligibie the design costs for the 2nd Avenue N.E. and 3rd Avenue
S.E. street improvement projects).
A motion was made by Larson, second by McNary, that the City Attorney be instructed
to prepare a resolution establishing a 75 foot bus zone on the south side of 2nd Street S. W.
just west of the main entrance to St.. Mary's Hospital. A motion was made by Novak, second
by Larson, to amend the above motion that the resolution be prepared when Mr. Holter has
presented a schedule of -his present routes; all -voted in .favor. President Postier-then called
for a vote,�,onQthe motion as amended and all voted in favor.
Recommendation of Public Safety Committee that the Council reconsider their action
of February 16, 197.1 to -reject the single bid for five police cars and award the bid to Adamson
Motors as -the low bid meeting specifications. A motion was made by McNary, second by Larson,
to accept the bid of Adamson Motors (without aid-dontioning). President Postier said that he
had contacted various car dealers and they were under the impression that the Council would
order bids around April 1st for 10 cars, he also said he felt that requiring heavy duty disk
brakes was eliminating some of the bidders as was the requirement of a 119 inch wheelbase. Upon
motion by Willmarth, second by Larson, and all -voting in favor, the matter was tabled until
later in the meeting.
Recommendation of Planning & Zoning Commission that the preliminary plat of Green
Meadows First Subdivision be given approval. Upon motion by Larson; second by Strain, and all
voting in favor, the recommendation was accepted and -the plat given preliminary approval.
Recommendation of Planning &U Zoning Commission that -the application to approve
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Record of Official Proceedings of the Common Council
of the City -of Rochester, Minn., March 1, 1971
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the General Development Plan for Summit Square, located in the NW'k NWk Section 23-107-14
(lying between 37th Street N.W. and 41st Street N.W. to east of Sunrise Estates Subdivision)j
be approved. (The matter of vehicular accesses onto 37th Street N.W. has been limited to
two private access points and one future public street access along the east boundary line
of this property). Upon motion by Willmarth, second by Larson, and all voting in favor, t
recommendation was accepted and the General Development Plan was approved. Upon motion by
Ludowese, second by Willmarth, and all voting in favor, the City Attorney was instructed to
prepare the necessary resolution.
Recommendation of Personnel Advisory Committee that (1) Stevan E. Kvenvold be
given a two step merit increase effective March 16, 1971, this will put him in Grade 19E
($907) and (2) that Larry Rucker be given a two step merit increase effective March 1, 1971
this will puttim in Grade 7E ($804). Upon motion by Ludowese, second by McNary, and all
voting in favor, the recommendation was approved and the merit step increases approved.
County Road Maintenance Agreement for 1971 in which the City agrees to maintain]
in 1971 those portions of County State Aid and County highways described as follows:
1. County State Aid Highway No. 1 beginning at intersection of R.H. No. 14
and llth Ave. S.E. thence Sly to intersection of County Road No. 146(1.05 m
2. County State Aid Highway No. 2 beg at intersection of T.H. 63 and 14th St.
N.E. and then Ely along 14th St. N.E. to intersection of 15th Ave. N.E.(.960 mi
3. County State Aid Highway No. 4 beg at interesection of Valley High Drive an
21st Ave. thence easterly and southerly along Valley High Drive to
CSAH No. 33 7th St. N.W. (0.54 mile)
4. County State Aid Highway No. 22 beginning at intersection of 18th Avenue
N.W. and 37th St. N.W. thence west along 37th St. to the-I.B.M. entrance
(0.6 mile)
5. County State Aid Highway No. 33 beg at intersection of 7th St N.W. and
CSAH No. 4 (Valley High Drive) running thence east along 7th Street N.W.
to T.H. 63 (Bdwy) (1.44 miles)
6. County State Aid Highway No. 34 beg at intersection of2nd St. S.W. and T.H.
No. 52, thence westerly along 2nd St. S.W. to 20th Avenue S.W. (0.28 mile)
7. County Road No. 146 beg at intersection of T.H. 14 and 3rd Ave. S.E. thence
Sly along 3rd Ave. S.E. to intersection T.H. No. 63 (1.26 mile)
The County agrees to pay $1,500 per mile for this maintenance and this agreement is the
same as the 1970 agreement. Upon motion by Ludowese, second by Larson, and all voting in
favor, the same was approved and the City Attorney was instructed to prepare the necessary
resolution.
Resolution rescinding in its entirety a resolution adopted by the Common
Council on January 18, 1971 re condemnation of permanent easements along the South 33feet
of 20th Street N.W. from 20th Avenue N.W. to the west line of Sec. 27-107-14. Upon motion
by Larson, second by Ludowese, and all voting in favor, resolution adopted.
Resolution instituting condemnation proceedings of Ritter Property to acquire
additional right-of-way along 20th Avenue N.W. between 19th Street and 20th Street N. W.
Upon motion by Strain, second by Willmarth, and all voting in favor, resolution adopted.
Resolution approving resolution adopted by Public Utility Board to enter into
a contract order for purclese of 'transformers from RTE Corporation ($11,970.00). Upon motion
by Ludowese, second by Strain, and all voting in favor, resolution adopted.
Resolution pursuant to authorization of Minnesota Commissioner of Highways that
the City Engineer be directed to install gppropriate speed limit signs on (1) 7th Street
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of. the City of Rochester, Minn., March. 1, 1971
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Northeast 40 miles per hour between the intersections with llth Avenue Northeast and West
Wilver Lake Drive and (2) 15th Avenue Southeast 40 miles per'hour'between the intersection
with Trunk Highway 14 and Trunk Highway 296 (4th Street Southeast). Upon motion by Willmarth,
second by Larson, and all voting in favor, resolution adopted.
Resolution that -the agreement between the City of Rochester and fhe State of Minnesota
covering preliminary engineering and right-of-way acquisition for traffic operation
improvement projects under the TOPICS program for the 2nd Avenue N.E. and 3rd Avenue S. E.
street improvement projects and authorizing and directing Mayor and City Clerk to execute the
said agreement on behalf of the City. Upon motion by Ludowese, second by Strain, and all voting
in favor, resolution adopted.
An Ordinance relating to the Zoning Ordinance of the City of Rochester and Ground Area
Coverage; amending Ordinance No. 1296, Section 47.022, was given its second reading.
1147.022 Tract Coverage: The ground area occupied by all the buildings
of the center shall not exceed in the aggregate twenty-five
(25) per cent of the total area of the lot or tract. Enclosed
- areas at ground level that are devoted to common pedestrian
circulation (enclosed malls) shall be excluded from the
aggregate ground level building coverage area.
A motion was made by Ludowese, 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 meeting was
adjourned until 3:30 P. M:
President Postier called the meeting to order at 3:30*P. M. with all.members being
present.
Mr. Darryl Lee, Finance Committee Chairman of the Rochester Area Drug Abuse Response
(RADAR) program was present and outlined their proposed -program for the City of Rochester and
County of Olmsted; he said they hoped to present more specific requests for funds at a later
date because their budget at the present time is not definite; he said they would have a full
time director and two ex -drug users and a secretary and they hoped to have facilities for an
Awareness House by October lst which would include the ACID Hotline, a crash pad•for emergency
nonmedical treatment of drug users and housing for employees; he then introduced Dr. Roy
Ferguson, Mayo Clinic Graduate School resident in internal medicine, Mr. Fred Hanna Co-chairman
of the RADAR Board and Mr. Kenneth Link of the Rochester Police Department who each were heard
on the subject. No action was taken by the Council at this meeting.
A motion was made by McNary, second by Novak, and passed unanimously, that the semi-
monthly bills, list attached, in the amount of $83,870.31 be approved.
A motion was made by Strain, second by Willmarth, that the matter of accepting bids
for furnishing 5 police cars be taken off the table; all voted in favor.
President Postier said he had made a couple of phone calls and withdrew his objections
to awarding the bids. A motion was then made by McNary, second by Larson, that the bid of
Adamson Motors for furnishing five police cars in the amount of $12,083.85 (without air
conditioning) be accepted. A motion was made by Larson, second by Willmarth, to amend the motion
to include the air-conditioning and upon roll call Larson, McNary and Willmarth voting "aye"
Record of Official Proceedings of the. Common Council
of the City of Rochester, Minn., March 1. 1971
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and Ludowesd, Novak, Strain and Postier voting "nay" the motion to amend was lost.
President Postier then called for a vote on the original motion and all voting in favor,
the bid of Adamson Motors was accepted.
A motion was then made by Strain, second by Larson, that the specifications
for furnishing police cars to taken into the Public Safety Committee for review; all voted
in favor.
A motion was made by McNary, second by Novak, and all voting in favor, that t
meeting be adjourned until 7:30 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 Larson, Ludowese,'McNary,
Novak, Strain, Willmarth. Absent: None.
Hearing on rezoning of property in the area from 2nd Avenue N. W. to llth
Avenue N. W. between 1st Streit S. W. and C. N. W. RR from the R-2 and R-3 Zones to the
R-4 Zone. Letters from Mrs. Jessie BAuer of 308 - 3rd Avenue N. W. and Mrs. Mary B.
Smythe of 715 First Street N. W. and a petition with approximately 162 signatures each
opposing the zone change were presented. Mr. Tom Moore, City Planning Director said that
• upon request of -Alderman Ludowese of the Third Ward, they had worked out an alternate plan
which he felt was acceptable; basically what the alternate plan does is to cut back
somewhat on this particular proposal, the -*suggestion has been made to pull this north line
of the R-4 one half block to the South between Center Street and First Street, in other.
words use the back lot line through the blocks between loth Avenue, llth Avenue down to
where the Hammond Music Studio is, come down through the middle of the block and then go
down the center
north to the -center -of First Street and then continue east/on First Street midway between
block between 6th and 7th Avenuethen we would go north along property lines down the center
of the alley then down along property lines again clear north to the railroad tracks, the
property that was left out of•here would be left as an R-2 district; the only other
suggestion that we came up with was that instead of treating both sides of 6th Avenue
from 2nd Street north to the railroad tracks as R-4 district, we thought that possibley
the -two sides of 6th Avenue would lend themselves to a R-3 district instead of an R-4
district. -Mrs. Perry Hewitt of 928 West Center Street, Mrs. Charles Gray of 848 First
St. N. W., Mr. Clyde Lindberg of 623 4th Street N. W., Mrs. Richard Marquardt of 117 -
13th Avenue N. W., Mr. Herbert Nelson of 826 First St. N.W., Mr. Gary Larson of 526 -
3rd Street N.W., Mr. Don Brandt of 716 - 2nd St. N.W., Mr. Charles Boughton of 842 2nd St.
N. W., Mr. Wm. Gernes of 1011 1st St. N. W., Mrs. Thelma Coon of 729 West Center and Mrs.
Marie Dickhut of 1010 West Center Street were all heard. There was no one else present
wishing to be heard so President Postier declared the hearing officially closed. A motion
was made by Ludowese, second by Strain, that the new revised proposal be initiated by the
Council and returned to the Planning & Zoning -Commission for review; all voted in favor.
Hearing on petition to change the zoning districting on a portion of Summit
Square Townhouse Development fwom B-3 District to R-3 District. There was no one present
Record of Official Proceedings of the Common Council
of. the City of Rochester, Minn., March 1, 1971
(wishing to be heard. President Postier declared the hearing officially closed. A motion was
(made by Strain, second by Ludowese, instructing the City Attorney to prepare an ordinance
making the requested zone change; all voted in favor.
Hearing on petition to change the zoning districting on property located at the N.W.
corner of 16th Street S.W. and U. S. 52 from R-1 District to B-3 District (Baihly Property).
There was no one present wishing to be heard. President Postier declared the hearing officially
closed. A motionwas made by Larson, second by Strain, instructing the City Attorney to prepare
an ordinance making the requested zone change; all voted in favor.
Hearing on Improvements on 7th Street N. W. from llth Avenue N. W. to Valleyhigh
Drive N. W. and on Valleyhigh Drive N. W. from 7th Street N. W. to 14th Street N. W. The
recommendation of the Public Works Committee that the following assessments rates to be in
accordance with.the benefits of the proposed improvements on 7th Street N. W. and in compliance
with the City's assessment policies and recommend that they be approved as the:proposed
assessment rates for this project:
1. Grading and paving the roadway - $12 per assessable front foot to
properties which have had no previous roadway improvement assessment;
and $6 per assessable front foot to properties which have been
previously assessed for roadway improvements. This gives these
properties credit for the amount of the prior assessment.
2. Curb, gutter and sidewalk construction - Actual cost to assessable frontages.
3. Sanitary Sewer - $8.00 per assessable front foot to properties which have not
been previously assessed. None to those previously assessed.
4. Water main - $8.00 per assessable front foot to properties which have not been
previously assessed. None to hhose previously assessed.
Mr. Franklin Michaels, representing the Rochester School District, questioned whether this
sidewalk was necessary as very few pedestrians would benefit from it, he said they were not
objecting strenuously but felt that portion could be deleted as a cost saving measure. Mr.
Elliott Briese of Briese Steel Company inquired about the grades, he said with the way hhey are
set up their property would beflooded. Mr. Leonard Lampland said he was interested in the
property right west of the high school, he spoke in favor of the project and recommended that
possibly concrete be used for the street instead of blacktop. 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, to proceed with the project; all voted in favor.
An Ordinance rezoning certain property and amending the Zoning Ordinance of the City of
Rochester (portion of Summit.Sggare Townhouse Development from B-3 to R-3.District) was given
its first reading.
An Ordinance rezoning certain property and amending the Zoning Ordinance of the City of
Rochester, Minnesota (property at NW corner of 16th St. S.W. & US 52 from R-l.to B43 District -
Baihly property) was given its first reading.
Aldermen Larson, Ludowese and Strain and Mayor Day were appointed as a committee to
meet with the County Board on the joint sewer study.
Upon motion by Strain, second by Novak, and all voting in favor, the meeting was
adjourned until 3:30 P. M. on March 10, 1971.
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Record of Official Proceedings of the Common Council
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INFORMATION 3-1-71
1. Minutes of standing committees 2-22-71.
2. Municipal. Court financial report for January, 1971.
3. A letter from Minnesota Highway Department concerning median fencing on T.H. 52
between 19th St. N.W. and 37th St. N.W. The MHD are proceeding with the
preparation of plans and now indicate that their preliminary costs
estimate is $50,000 of which the City share will be $18,000-$20,000.
The City has budgeted $14,000 for this item based on an earlier total
cost estimate by the MHD of $30,000-$35,000 (referred to Finance Committee)
4. Maintenance Agreement forms have been received from County concerning the maintenance
of those portions of County State Aid Roads and County Highways within the
municipal limits of the City (referred to City Engineer for his review and
recommendation)
5. Referred to Planning and Zoning Commission:
1. application for variance at 4102 5th Place N.W. (R.W.Schultz-Fincke)
2. Applica tion for a zoning district change in vicinity of west of
Sunset.Terrace 4th Subdivision - miscellaneous property description
(Home'Opportunities, Inc. - Carlton Penz and Alvin E. Benike, Inc.)
6. Letter from League of Municipalities - nominations for C.C. Ludwig Award