HomeMy WebLinkAbout04-16-1973506
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., April 16, 1973
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
April 16, 1973.
1' President Postier called the meeting to order at 7:30 o'clock P. M., the
following members being present: President Postier, Aldermen Kamper, Larson, Ludowese,
McNary, Powers, Strain. Absent: None.
Upon motion by Kamper, second by Strain, and all voting in favor, the minutes
of the meeting of March 26, 1973 were approved.
Hearing on Sidewalk Replacement Project #1-NW-1973 (J-8451) North side of 2nd
Street N. W., south to north side of lst Street N.W., East side of 16th Avenue N.W. to west
side of llth Avenue N. W. There was no one present wishing to tie heard. President Postier
declared the hearing officially closed. Upon motion by Powers, second by Larson, and all
voting in favor, a resolution was adopted ordering the improvement to be made and designating
C. A. Armstrong, City Engineer as the engineer.
Hearing on Sidewalk Replacement Project#2-NW-SW-1973 (J-8452) South side of 1st
Street N. W. South to North side of 2nd Street S. W., East side of 16th Avenue N. W.-S.W. to
llth Avenue N.W.-S.W. There was no one present wishing*to be heard. President Postier
declared the hearing officially closed. Upon motion by Strain, second by Kamper, and all
voting in favor, a resolution was adopted ordering the improvement to be made and designating
C. A. Armstrong, City Engineer as the engineer.
Hearing on Street Improvements on 2nd Street S. W. from llth Avenue to 16th Avenue
(street widening, resurfacing, concrete curb, gutter, sidewalks, storm sewer improvements,
installation of traffic signal at 14th Street and modification of existing signals from llth
Avenue to 13th Avenue. President Postier then gave the following statement:
This is a hearing on a proposed street improvement project on 2nd Street
S. W. between llth Avenue and 16th Avenue. The purpose of this hearing is
to discuss the design features, social, economics and environmental offsets
of the proposed construction.
This hearing is being held in accordance with Section 128, Title 23 of the
United States, which governs .`procedure for reconstruction of highways or
streets which involves the use of Federal Funds.
This improvement is proposed to increase the level of service of the
existing facility. This improvement is considered to be a "High Priority"
project in the City of Rochester.
Following the hearing, the comments from'it will be analyzed and the
Council will consider them in determining the final design. The final design
and right-of-way acquisition procedures will begin immediately. Hopefully
construction will begin early in the 1974 construction season.
This hearing is also intended to provide you people with an opportunity
for presenting views on social, economic and environmental impact on this
project. Excactly what are social, economic and environmental impacts or
effects? Simply stated, they are, any direct or indirect benefits or losses
to the surrounding area or to the highway users. These could include such
items as effect on employment, parks, recreational area, aesthetics of the
area, public safety, public utilities, character of the neighborhood, area
conservation, noise, air and water pollution. They also could include the
effect on a local tax base, property values, natural or historical landmarks,
displacement of families, businesses, disruption of school districts, and
economic development of the area.
Before we proceed with the description of the project, there are a number
of items that should be mentioned.
First is that the preliminary studies conducted are being conducted by
professional engineers. They are aware of their obligation, not only to
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Record of Official Proceedings of the Common Council `)
of the City of Rochester, Minn., April 16, 1973
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provide a safe and economical street facility, but they also are aware of
obligation to provide the most benefit while keeping disruptions to the
area residents to a minimum. We have an obligation not only to the
traveling public, but to the residents of the area.
A second announcement is that anyone may submit a written statement
and this statement will be included in the official hearing record
providing that the statement is received at the office of the City Clerk
on or before April 27.
Third, information developed between the time of tonight's hearing and
approval of the final project, will be available for public inspection and
copying at the office of the City Engineer.
We will now proceed with a description and then discussion of this
improvement. Mr. Armstrong, City Engineer, will now describe the project.
C. A. Armstrong, City Engineer then described the project as follows:
This improvement includes widening the roadway and modifying the traffic
signals. The roadway widening is necessary -to -provide four through traffic
lanes and.permit parking in some areas. Left turn storage lanes will also
be provided at llth Avenue and 16th Avenue.
A detailed description of the proposed improvement is as follows:
On the north side of 2nd Street between llth and 12th Avenues, the curb
lines will remain in its present location. No widening is proposed in this
block, Parking will be permitted west of the pedestrian crossing in mid -block.
On the north side of 2nd Street between 12th and 13th A enues, the.
roadway will be widened 3 feet. New curb will be constructed, and sidewalks
replaced as required to match the new curbing. Parking will be generally
permitted as at present.
On the north side of 2nd Street between 13th and 16th Avenues, the roadway
will be widened 4 feet and the sidewalk will be reconstructed back on the
property line which is.2 feet 8 inches north.of its present location. This
will require removal of all the boulevard trees and any other trees within
3 feet north of the sidewalk. No parking along the north curb of this
block will be permitted. This proposed widening will provide a 48-foot
roadway which will accomodate 2 traffic lanes in each direction without
curbside parking on either side of the street. A small triangular piece
of right-of-way will be required from the southwest corner of the lot on
the east side of 16th Avenue.
On the north side of 2nd Street between 16th Avenue and the East Frontage
Road, no widening is planned. No parking will be permitted.
On the south side of 2nd Street from a point 265 feet west of llth Avenue
to 13th Avenue, it is proposed to widen the roadway 11.2feet, construct new
curb, and construct a new sidewalk 6 feet south of its present location.
This will necessitate removal of all but 3 existing'boulevard trees, and
acquisition of 6 to 16 feet of additional.right-of-way. Curbside parking
will be permitted except at the approach to llth Avenue.
On the south side of 2nd Street from 13th to 14th_Avenues, the roadway
widening will vary from 12 feet to 13th Avenue to 4 feet at 14th Avenue. New
curb and sidewalk will be constructed. No parking will be permitted on this
section.
On the south side of 2nd'Street from 14th Avenue to the alley one-half
block west, new curbing has been recently constructed on the 246,,foot line.
No additional widening is proposed here..,
On the south side, from the alley to 15th Avenue; the roadway will be
widened 6 feet, new curb and sidewalk will be constructed here. This
roadway widening will provide 2 traffic lanes in each direction. No parking
will be permitted along either the south or the north curb in this entire
block.
On the south side of 2nd Street from 15th Avenue to 16th Avenue, the
roadway will be widened in varying amounts from 3 to 9 feet to provide for
2 through traffic'lanes and a left turn lane at the approach to the north
leg of 16th Avenue. New curb and new sidewalk will be constructed.
Additional right-of-way varying from zero to 15th Avenue to 5 feet in
width at 16th Avenue will be required. No parking will be permitted on
this section.
New paving will be constructed on all the widened sections and a certain
amount of resurfacing will be laid over the entire roadway for the entire
length of the project. Storm sewers will be modified to fit the street
widening.
New traffic signals will be installed at llth Avenue, 14th Avenue, and
at the 2 existing pedestrian crossings.
Mrs. Lucille Sheldon of 1311 -2nd Street S.W. was present and opposed the proposed
improvement; she said she felt this was an unncessary expenditure and that by widening
street it would only increase the traffic and make if more of a freeway, she was also
opposed to the added expense of new sidewalk and curb. Mr. Mads Fiksdal of 1215 - 2nd
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., April 16, 1973
Street S. W. said he was not opposed to the project but felt something should'be done for the
people that would be crossing the 6 lanes instead of 4 lanes as now. Mr. Sam Verduce of 1117
2nd Street S. W..said he owned a drive-in bakery and his concern was how the people were going
to get into his driveway, he said he was not opposed to the project bur would like some kind
of explanation on his driveway and the use of it. Mr. Ray Arend of 18th"Avenue and 41st Street
N. W. was present and inquired if this project would -go ahead if federal aid was not received,
he was told the project would not be constructed if federal aid was not received. bW,cJaines .
Thornton, President of the Board of Trustees of St. Mary's Hospital, said he would like -to make
the statement that in effect St. Mary's is not taking a stand in opposition to this project, they
realize the traffic problems and would like to retain parking as it is now around and in front
of St. Marys Hospital. After hearing those present a motion was made by McNary, second by
Strain, that this be tabled until the meeting on April 30, 1973 at 5:00 P. M.; all voted in
favor.
Hearing on regrading, street widening, resurfacing, concrete curb and gutter,
sidewalk improvements and storm sewer in 14th Avenue S. W. from 2nd Street S. W. to 633 feet
south. C. A. Armstrong, City Engineer, gave the following information for the proposed project:
This is a local improvement project which proposes to widen and repave the
roadway on 14th Avenue in the area described. The roadway will be widened
and resurfaced from its present width of 27 feet to.44 feet with new concrete
curb and driveway approaches.
The 44 foot roadway cannot be constructed within the present 66 foot right-
of-way and still leave adequate room for a boulevard and sidewalk on each side,
so 7 feet of additional right-of-way is required. It is proposed to acquire
the entire 7 feet from the east side rather than 3 feet from each side.
On the east side of 14th Avenue from 2nd Street to the south side of the
St. Mary's Hospital Driveway, the proposed construction is to widen the right-
of-way 7 feet, construct new curb and gutter on the 26 foot line, and construct
new sidewalk in the east 6 feet of the additional right-of-way. Driveway
approaches will be rebuilt. All the existing boulevard trees will be removed.
The entire width of the new roadway will be resurfaced. Parking will continue
to be prohibited at all times on the east side.
On the west side of 14th Avenue the new curb will be constructed on the 18
foot line from the south end of the recently constructed curb at the Blondell
Motel to the south end of the project. This will not necessitate any additional
right-of-way on the west side of the Avenue, nor the relocation or replacement
of the existing sidewalk. The boulevard trees however, will be too close to the
new curb line, so they will all be removed. The entire width of the new roadway
will be resurfaced. Parking on the east side will be prohibited during the
daytime hours.
The storm sewer main will be improved and catch basins constructed on the
new curb lines.
Special assessments will be levied against the abutting property for the cost
of the curb and gutter*(estimated at $5/front food) and for a portion of the
street resurfacing (estimated at $6/front foot).
Construction is tentatively scheduled for 1974 in conjunction with the
proposed street improvements on 2nd Street S. W.
A letter from James and Frances Cochran opposing the improvement was read and filed. Mr. Bob
Smoldt of 408 14th Avenue S. W.; Mr. Frances Doole of 313 14th Avenue S. W.; Florence Schmidt
of 317 14th Avenue S.W.; Evelyn Huettel of 310 14th Avenue S.W.; Marion Schleif of 227 14th
Avenue S. W.; and Mr. Don Terry of 323 14th Avenue S.. W., were each present and spoke in
opposition tothe project. Mr. James Thornton, President of the Board of Trustees at St. Mary's
Hospital stated that they had hired a parking consultant and did not want to make any comments
until they had received their report which he k hoped would be in about two weeks. After hearing
those present a motion was made by Powers, second by Kamper, that this be tabled until the
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., April 16, 1973
meeting to be held on May 21, 1973; all voted in favor.
Continued hearing on street improvements on 3rd Avenue Northwest from 14th St.
N. W. to 600 feet south of 19th Street N. W. Mr. Donald Lubbert of 1406 3rd Avenue N.W.,
Mr. John Siple of 1532 3rd Avenue N. W., Mrs. Thedens in behalf of Mrs. Alma Wacker at
1404 3rd Avenue N. W. and Mr. Kenneth Urbach in behalf of his parents at 1646 3rd Avenue,
were each present and heard. C. A. Armstrong, City Engineer, explained that he had
contacted most of the people along here as to the construction work, width of sidewalk,
etc. but he still had more to contact and he would do this within the next two weeks.
Mr. Urbach also said that his parents had been charged for sewer services and now they
found that they were not connected to the city sewer, this matter was referred to the
Public Utility Department to check. Upon motion by Kamper, second by Strain, and all
voting in favor, the meeting was continued until 7:30 o'clock P. M..on Mary 7, 1973 to
allow time for all property owners to be contacted.
Hearing on petition to.vacate a portion of Colombia Court N. E. Mr. Tom
Healey, Attorney representing Dr. J. E. Maldonado, stated that due to the redesign by the
petitioner of Lots 12,13 and 11 this portion of Colombia Court was no longer necessary.
Tom Moore, Planning Director, said that there had been no replat filed and nothing had
transpired on the utility easements necessary, he said the ordinance does not require a
replat but it would be much nicer to have one. C. A. Armstrong, City Engineer, recommend(
that the vacation be done on a straight line from Lot 1 to.Lot 12 instead of leaving the
small three corner piece of land which would be of no value. 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 Powers, that the City Attorney be instructed
to prepare a resolution vacating that portion of Colombia Court to be adopted at the 1st
meeting in May, and that in the meantime the petitioner file an application for conveyanc(
by metes and bounds (the resolution to vacate as per recommendation of City Engineer); all
voted in favor. .
Bearing on petition to change the zoning districting on property located
between 5th Street N. E. and 6th Street N. E. and from North Broadway.to 1st Street N. E.
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from the M-1 District to the B-lb District. The recommendation of the Planning & Zoning
was that the City's Land Use Plan has this area designated as being best suited for
industrial use and there is considerable industrial development existing in the area, the
existing zoning is M-1 District, in this particular case the 1proposed selling of water
softeners would be permitted in the existing M-1 District but the establishing of a
dwelling unit is not permitted and they recommend that the petition be denied. Mrs. L.
Lyons was present and urged that the zoning change be made. There was no one else present
wishing to be heard. President Postier declared the hearing officially closed. Upon
motion by Kamper, second by Larson, and all voting in favor, the recommendation of the
Planning & Zoning Commission was accepted and the petition was denied.
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., April 16, 1973
Hearing on application for approval of the final plan for a Planned Unit
Development to be known as Viking Village located on Lot 1, Block 6, Valhalla Fourth Subdiv.
(north side of Elton Hills Drive N. W.*and west'of Zumbro River). Mr. Jack Bishop of 2216
Viking Drive N. W. was present and said he did not feel taxpayers should pay for expenditures
to construct and pave West River Parkway north of Elton Hills Drive and he was also somewhat
confused as to what price range these houses would be: Mr. Vern Suter one of the developers
said the prices should run between $25,000 and $45,000. C. A.Armstrong, City Engineer, said
no plans had been made and the construction of West River Parkway had not been scheduled: Mr.
Suter explained that their main access would not go on to West River Parkway, that they had
just shown that access on the map at the request of the Planning Department but there would
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be no access there; he also said that there would be no iparking on the streets that the cars
would all be parked in the garages. Mr. Suter also said their permanent sign located on Elton
Hills Drive N.W. and is 144 sq. ft. which is greater than the maximum size of 24 sq. ft and the
sign is located only 5 feet from the street property line instead of the minimum 12k feet
required in an R-3 District and requested that this be approved. There was no one else present
wishing to be heard. President Postier declared the hearing officially closed. A motion was
then made by McNary, second by Powers, that the City Attorney be instructed to"prepare a
resolution approving this final plan that the sign by only 24 sq. ft but could be located 5 feet
from the property line; all voted in favor.
Hearing on extension of sanitary sewer and watermain to serve an 11 acre tract in
SWk of Section 7, Marion Township and a 22 acre tract in Section 12 Rochester Township(this
hearing had been continued from April 2, 1973). C. A. Armstrong, City Engineer, said he had
seen no one involved and nothing had been done on the matter of financing the project. Upon
motion by Larson, second by McNary, and all voting in favor, this matter was tabled until the
meeting of May 7, 1973.
The City Council presently has two vacancies to fill on the Rochester Olmsted
Council of Governments (ROCOG). Upon motion by Powers, second by Strain, and all voting in
favor, the Mayor was authorized to appoint members toROCOG as vacancies occur.
Reappointment by Mayor Smekta of Mr. W. Wayne Ellison to the Public Utility Board,
term of office to be for two years and expire April 1, 1975. Upon motion by Strain, second by
Kamper, and all voting in favor, the appointment was approved.
Appointment by Mayor Smekta of Mr. Vincent Folkert to the Public Utility Board,
,�t;erm of office to be for two years and expire April 1, 1975. Upon motion by Strain, second by
McNary, and all voting in favor, the appointment was approved.
Upon motion by Powers, second by McNary, and all voting in favor, Mayor Smekta,
Aldermen Darrell Strain, Paul Ludowese and Robert Larson were appointed to the Civil Defense
Board.
Upon motion by Powers, second by Kamper, and all voting in favor, a resolution .
approving the creation of a Joint District to provide for Sewer Service to an area of Olmsted
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County was approved.
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., April 16, 1973
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Upon motion by Powers, second by Kamper, and all voting in favor, a resolutions
was adopted approving an agreement between the City and County for a Joint Sewer District
to be known as the Willow Creek Sanitary District to -be constructed by the: County and
connected to the City and authorizing the Mayor and City Clerk to execute the said agree -
went.
Upon motion by Powers, second by Larson, and all.voting in favor, the
application for a dance permit for the Fireman's Ball to be held in the Mayo Civic
Auditorium on May 18, 1973 was approved.
Applications of (1) Robert J. Witt for a retail "off sale" 3.2 beer license
at the premises known as Huey's Cigar Store at 330 South Broadway and (2) C. Howard
Wilkins Jr. President of Pizza Hut of Rochester, Inc. for "on sale" 3.2 beer license at
the Pizza Hut at 16 9th Street S.-E. Upon motion by Ludowese, second by Strain, and all
voting in favor, the applications were approved and the City Clerk was directed to issue
the licenses.
Resolution approving request for Federal Airport Aid dated April 2, 1973 for
installation of security fencing at the Rochester Municipal Airport. Upon motion•by
Larson, second by Powers, and all voting in favor, resolution adopted.
Upon motion by Kamper, second by Larson, and all voting in favor, the four (4)
following resolutions were adopted:
1. Resolution approving the Planning Grant Offer of the Federal Aviation
Administration for Master Planning the Rochester Municipal Airport.
2. Resolution approving agreement for State Aid for an Airport Master
"`_glan_.for:.the Rochester Municipal Airport and directing Mayor and
City Clerk to -execute same.
3. Resolution appointing and designating the Commissioner of Aeronautics
as Agent for the City of Rochester.
4. Resolution approving an agreement between City of Rochester and R. Dixon
Speas;Associates, Inc. for preparation of the Master Plan for development
of the Rochester Municipal Airport.
Upon motion by Strain, second by Powers, and all voting in favor, the fol
applications for license to sell cigarettes were approved and the City Clerk was instructec
to issue the licenses: Clark Super at 1526 2nd St. N.W.; Clarks.Super 100 at 1946 South
Broadway; Neil's Spur at 704 North Broadway; Parker Hotel at 101 East Center Street; Pizzas
Hut of Rochester at 16 - 9th Street S. E. and John A. Doblar at 4105 East River Road N.E.
A motion was made by Srain, second by Larson, and ppssed unanimously, that the
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semi-monthly bills, list attached, in the amount of $124,178.52 be approved.
Upon motion by Kamper, second by Larson, and all voting in favor, the request
of Mrs. Mae Nills for leave of absence as Clerk Typist II, in the Building & Safety
Department from June 11, 1973 through June 29, 1973 was approved.
The Zoning Board of Appeals considered an application to vary the setback
requirements of the B-3 District to permit the construction of a sign in a required front
yard area, the ordinance as written seems to be unclear and such can be interpreted in
numerous ways and they feel the Council should re-examine this requirement and if deemed
necessary amend the Zoning Code. Upon motion by Ludowese, second by Powers, and all voti
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Record of Official Proceedings of the'. -Common Council
of the City of Rochester, Minn., April- 16, 1973-
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Record of Official Proceedings of the Common Council
of -the City of Rochester, Minn., April 16, 1973
was authorized to order bids for lab equipment and front end loader for the sewage
treatment plant, bids to be advertised for upon receipt of EPA approval of the specifica-
tions. .
Upon motion by Strain, second by Larson, and all voting in favor, a resolution
was adopted.accepting the bid of Floyd Larson Construction Company for sanitary sewer
facilities in DeWitt Addition and sanitary sewer and watermain facilities in Maple Lane
Subdivision (Phase I WSF-MN-05-06-1010).
Upon motion by Powers, second by Larson, and all voting in favor, a resolution
was adopted ordering a public hearing on the proposed instersection improvements at 7th
Street and North Broadway (TH63).
Upon motion by Strain, second bvr Kamper, and all voting in favor, a resolution
was adopted approving a contract between the City of Rochester and Summit Square Housing,
Inc. for construction of improvements in Summit Square Third Subdivision.
Resolution approving agreement between City of Rochester and Bather, Ringrose,
Wolsfeld, Inc. for engineering services in the Di -Con planned Unit Development on 19th
Street-N. W. Upon motion by Kamper, second by Strain, and all voting in favor, resolution
adopted.
Resolution approving resolution passed by the Public Utility Board on April 10
1973 authorizing the Mayor and City Clerk to sign the release and indemnifying agreement*
dated March 3, 1972 for 115 KV Overhead and Underground crosstown Feeder. Upon motion by
Larson, second by '}::L;, and all voting in favor, resolution adopted.
REsolution approving resolution passed by the Public Utility Board on April 10
1973 requesting the City of Rochester to approve a change order to the contract with-C.A.
Hooper Company for 115 KV Overhead and Underground crosstown feeder. Upon motion by Larson
second by Powers, and all voting in favor, resolution adopted.
An Ordinance annexing to the City of Rochester, Minnesota, certain unplatted
land in Cascade Township, Section 34, Township 107 North, Range 14 West, Olmsted County,
• Minnesota and establishing the zoning therefor (Electric substation) was given its first
reading.
An Ordinance rezoning certain property and amending ordinance No. 1659known
as the Zoning Ordinance of the City of Rochester, Minnesota (changing Lot 4, Block 1, D. P.
Madden's Addition to B-lb Neighborhood Business District) was given its first reading.
An Ordinance relating to non -intoxicating malt liquors; regulating the sale
11 and consumption; imposing penalties for violations thereof; amending Rochester Code,of
Ordinances, Section 161.090, 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.
11 An Ordinance amending the Subdivision Ordinance; amending Sections 41.200;
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Record of Official Proceedings of the Common Council
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41.201-.,(paragraphs 3, 7 and 8); and Section 41.203 of the Code of Ordinances, was given its
first reading. A motion was made by Larson, second by Kamper, that the rules be suspended
and the ordinance be given its second reading; upon roll call Alderman Ludowese voted "nay".
Resolution authorizing the City of Rochester to join the petition of J. Joseph
Adamson to vacate a portion of an alley in Block 107 of Willson's Addition. Upon motion by
Powers, second by Strain, and all voting in favor, resolution adopted.
Upon motion by Powers, second by Strain, and all voting in favor, the meeting
was adjourned until 5:00 o'clock P. M. on April 23, 1973.
City Clerk
INFORMATION - 4/16/75
1.
Claim for damages, Richard H. Wilker (referred to Attorney, Insurance, Public
Works)
2.
Claim for ddmages, Mike M. Ladin of 1861 37th St. N.W. (referred to Attorney,
Insurance
Public Works) c
3.
Letter from Julius A. Zillgitt, re: STP location
4.
Letter from Lewis Hexum of 521 7th St. N.W. re sidewalk replacement (referred
to
Public Works)
5.
Letter from G. Lucille Budey, re one way alley (referred to Traffic Engineer)
6.
Letter from Robert Schwab re: penalty for late payment of license fee
7.
Letter from Gerald R. King, Peoria'Illinois, re: barriers at intersection of 9th
Street S.E. and South Broadway (referred to Traffic Engineer)
8.
Olmsted Federal Savings and Loan has filed suit against the City in regard to
the
assessment against Lot 1, Christenson Sehl Sub for improvement on 24
St. N.E.
9.
Referred to Planning and Zoning:
a. petition to annex 34.87acres in Marion Township of City (Duane Johnson)
b. application for condition use at Methodist Hospital (Edward Gillespie)
c. application for vairance at 201 West Center (Methodist Hospital)
d. petition to vacate a trace to land in Block 107 Willson's Add (JJ Adamson)
e. application for variance at 1307 2nd St. S.W. (LeRoy Wood)
f. petition to annex 12k acres in Cascade Township (David Pennington)
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