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HomeMy WebLinkAbout05-07-1973Record of Official Proceedings of the Common Council of the City of Rochester, Minn., May 7, 1973 517- 1 • 1 • 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 May 7, 1973. President Postier called the meeting to order at 2:00 o'clock P. M., the follow members being present: President Postier, Aldermen Kamper, Larson, Ludowese, Powers and Strain. Absent: Alderman McNary. Upon motion by Kamper, second by Powers, and all present voting in favor, the minutes of the meetings held on April 2nd; April 16th, April 23rd and April 30th, 1973 were approved. Upon motion by Powers, second by Kamper, and all present voting in favor, the appointment of Alderman Paul Ludowese to the City -County Civil Defense Commission and the appointment of Mayor Alex P. Smekta and Alderman Paul Ludowese to the Rochester -Olmsted Council of Governments were approved (the appointments to hold office until his successor is designated or appointed. Representatives of the Waste Disposal Group wished to be heard and presented a proposal in wiriting on rate increases. President Postier told them that this would be considered at the Committee of the Whole meeting to be held on May 14, 1973 and they were invited to attend this meeting. Recommendation of the Committee of the Whole that the Land Fill charges be changed as follows: 1. Two-axle.truck or 4-wheel trailer From ;To under 17 cu yds $2.00 $3.00 2. Non -packer truck-17 cu yds or over --- .30 cu/yd 3. Packer truck .20 cu/yd .40 cu/yd 4. Tires - Packer vehicle --- 30.00 5. Toxic or liquid waste Actual Cost 6.00/5- gal. barrel Charges shall be for full or pratial loads; rates for refuse from outside of Olmsted County shall be charged at double the rate for Olmsted County for all categories of vehicles, loads or special handling, except for car, station wagon, travel -all, jeep, suburban V.W. type with seats in, pickup truck, panel truck and two wheel trailer. Upon motion by Strain, second by Powers, and all present voting in favor, the recommendation was accepted and the City Attorney was instructed to prepare a resolution changing the land fill charges, same to be effective July 1, 1973. Upon motion by Powers, second by Larson, and all present voting in favor, the application of Super America for a 3.2 non -intoxicating beer license was denied. Upon motion by Larson, second by Kamper, and all present voting in favor, the City Attorney,was instructed to prepare a resolution petitioning the Governor to establish a Regional Development Commission; further discussion to be held at the next meeting. Upon motion by Powers, second by Kamper, and all present voting in favor, a resolution was adopted authorizing the Mayor and City Clerk to execute the contract with. McGhie and Betts, Inc. Consulting Engineers to provide engineering services on 1973 Airport projects. Upon motion by Strain, second by Ludowese, and all present voting in favor, the 0 LA F 518 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., May 7, 1973 following license applications for Solid Waste Collections as submitted by the County Health Department were approved: Paul Kronebusch, Rollingstone - Commercial only - I vehicle George Fenske, Rochester - Res. & Commercial - 6 vehicles Orville Kirkham, Marion Town. - Residential - 3 vehicles Fred Vagt, Rochester Town. - Residential - 2 vehicles *Harold Watson, Rochester - Res. & Comm. -12 vehicles Stanley Watson, Rochester - Res. & Comm. - 7 vehicles William Watson, Route 4 - Res. & Comm. - 2 vehicles *Harold Watson has purchased the routes previously owned by Rochester Refuse Control and H. W. Bornfleth. Upon motion by Powers, second by Strain, and all present voting -in favor, a resolution was adopted authorizing and directing the Mayor and City Clerk to execute an agreement between the City and the Rochester Swim Club, Inc. for the installation.of a swimming Pool Heater at the Silver Lake Pool. Upon motion by Powers, second by Kamper, and all present voting in favor, the application for a liquor license on -sale as submitted by 'Jerome Loftsgaarden for and in behalf of Alotel, Inc. general partner of Alotel Associates to be known as the Ramada Inn located at South Broadway and 16th Street was approved and the City Clerk was instructed to issue the license, subject to the payment of the $3,000.00 fee. Requests of American Legion Auxiliary. Unit #92 to sell poppies Friday, May 25th starting at 3:00 p.m. and lasting until 3:00 p.m. Saturday May 26, 1973;"Veterans of Foreign Wars Post 1215 and Auxiliary to sell poppies on Friday, May 18th from 3:00 p.m. until Saturday May 19th at 3:00 P.M., and Veterans of Foreign Wars Post 429 to sell poppies on Friday May 18, 1973 from 3:00 p.m. until Saturday, May 19th at 3:00 p. m. Upon motion by Larson, second by Strain, and all present voting in favor, the requests to sell poppies were approved. Upon motion by Kamper, second by Powers, and all present voting in favor, the following license applications were approved and the City Clerk was instructed to issue the said licenses: license to sell cigaretttes of Archers Shell Shervice at 1225 North Broadway, Galaxy Motel at 111 17th Ave. S.W., Broadway Cafe at 401 South Broadway, Dan's Standard at 605 12th St. S.E., Tempo Store at Northbrook Shopping Center, Whitlock Sonnenberg Post #1215 at 18 6th Street S.W. and Libby McNeil Libby at 1217 3rd Avenue S.E.; Theatre Licenses of Cinema "21" at Northbrook Shopping Center, Lawler Theatre at 221 First Ave. S.W.; Time Theatre at 15 4th St. S.E., Rochester Outdoor Drive In at 12th Street and 15th Avenue S.E., Chateau Theatre at 15 First St. S.W. and ABC Oakview Theatre at Apache Shopping Center. Low bids were received as follows for furnishing the seasons supply O'construction materials for the Street & Alley Department: Road Oil and Cutback Asphalt Two bids were received, Koch Refining Company and Northwestern Refining Company; Koch was the low bidder but did not indicate that the 1G per gallon to be added to the prices for 1% anti - stripping additive was included in the bid so Mr. Swanson, the City Attorney said this would not be a legal bid. Northwestern Refining Company bid was as follows: $.1519 per gallon for road oil; $.1619 per gallon for medium cure cutback asphalt; $.1644 per gallon for rapid cure 1 • 1 1 • 1 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., May 7, 1973 • 1 1 1 0 cutback asphalt and $.Ol.per gallon to be added to the above prices for 1% anti -stripping additive. Washed Sand. Gravel and Crushed Rock Rochester Sand & Gravel Washed sand delivered @ $2.38 per cubic yard Pit run gravel delivered @ $2.38 per cubic yd. 4-6-1 Rock F.O.B. Quarry @ $2.25 per cubic yd. 4-6" Rock delivered @ $3.15 per cubic yd. Riverside Sand & Gravel: Washed Sand F.O.B. Pit @ $1.65 per cubic yd. Pit Run gravel F.O.B. @ $1.65 per cubic yd. Paulson Rock Products: 3/4" crushed rock F.O.B. Quarry @ $1.70 per cubic yd. Quarve & Anderson: 3/4" crushed rock delivered @ $2.65 per cubic yd. 1/4" crushed rock F.O.B Quarry @ $2.75 per cubic yd. 1/4" crushed rock delivered @ $3.70 per cubic yd. Note: Quarve-Anderson and Paulson submitted tie bids on 3/4" crushed rock in 1972 year and this year. Last year it was awarded to Paulson. Plant Mixed Bituminous Rochester Sand & Gravel (Low bidder on all items): #2341 Bituminous F.O.B. Plant @ $6.95 per ton #2351 Bituminous F.O.B. Plant @ $12.00 per ton Hauling @ $.14 per ton -mile #2341 Bituminous laid in place @ $9.25 per ton Class "A-- Aggregate New Ulm Quartziete Quarry (Only Bidder) @ $8.50 per ton. Upon motion by Kamper, second by Powers, and all present voting in favor, resolutions were adopted awarding the contracts to the low bidders and the Mayor and City Clerk were authorized and directed to sign the said contracts. Upon motion by Ludowese, second by Larson, and all present voting in favor, a resolution was adopted authorizing and directing the City Clerk to advertise for bids for furnishing one years supply of liquid chlorine for the Wastewater Treatment Plant. Upon motion by Larson, second by.Kamper, and all present voting in favor, a resolution was adopted approving and accepting assignment of additional securities in the amount of $450,000 in collateral in lieu of a depository bond from the First National Bank of Rochester, Minnesota. Upon motion by Kamper, second by Larson, and all present voting in favor, a resolution was adopted revising Section 6, Paragraph h of the Personnel Policy, this revision adds the Data Processing Supervisor to the list of those employees who are exempt from overtime payments. Upon motion by Larson, second by Strain, and all present voting in favor, a resolution was adopted approving the conveyance by meters and bounds of unplatted land at 2310 and 2314 20th Street N. W. Application for approval of a Planned Unit Development (concept statement) to be located at the N. E. corner of 18th Avenue N.W. and 41st Street N.W. President Postier stated that this was not a hearing but some interested citizens wished to be heard and he granted them: permission at this time. Mr. Ken Allsen of 4038 17th Avenue N. W. was present and represented theb96 residents who had signed a petition of protest, he said the apartment complex would increase traffic in the area, would cause undue assessments against their property and their homes would be surrounded with multiple dwelling units, they are surrounded on three sides with apartment buildings now. Mr. Terry York of 4032 17th Avenue N. W. stated that the apartment plan violates the desirable gradual transition from low density to high desnity residential areas and suggested that if apartments go into the R-1 r520 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., May 7, 1973 zone there could be no single family dwellings further to the north. .Mr. Dennis Ratsch of 4037 17th Avenue N.W. stated that it was the responsibility of the Council to allow or deny this Planned Unit Development to continue and felt it was not reasonable or logical for this development to be put into this area. Mr. Dave Pennington, owner of the land in question, said he is in the process of selling to the developer of the Northwest Area Project, that this project is not of the large shopping center'projects and that the units being built are of low density; he then introduced Mr. Nathan Steinberg of Omaha who is Vice President of.Miller Enterprises, who stated that the original plans for the development have been changed to eliminate the gas station and reduce the square footage of both the commercial and apartment • areas to meet the R-1 zone; he said that the 150 partment units planned would be situated in seven buildings each of which would be two -and one half stories high, three commercial areas of 7,000 square feet each and that the 11 acres in the development would bescreened by 100 feet of landscape greenery and that the commercial uses might be that of a grocery store and service shops. Alderman Ludowese stated that he felt that in accepting the concept it would almost assure approval of the preliminary plan when it is initiated and he believed that the R-1 zone should be reserved for single family dwellings. President Postier stated that although he was not necessarily in favor of this project, it meets all the requirements in the zoning code and.there is little the Council can do to stop it. After hearing those present, a motion was made by Ludowese, second by Strain, to deny.the concept statement, upon roll call Aldermen Kamper, Ludowese and Strain voted "aye" and Alderman Larson, Powers and Postier voted "nay" so because of the tie vote the motion did not pass. A motion was then made by Powers, second by Strain, that this be tabled until the next meeting when a full Council will be present; all present voted in favor. Recommendation of Planning & Zoning Commission that the petition to annex Reynolds property located on the West side of U. S. 52 North and north of 45th Street N. W. and to designate the property as B-3 District and a rural service district be approved. Upon motion by Kamper, second by Strain, and all present voting in favor, the recommendation was accepted and the City Attorney was instructed to prepare an ordinance annexing the said property and City Clerk directed hearing zoning. C. A. Armstrong, • the was to order a on the proposed change of City Engineer, noted that the sewer and water would not be put into this property until 1974 and this was agreeable with the petitioner, Mr. James Peterson. Recommendation of Planning & Zoning Commission that the preliminary plat of Summit Square Third Subdivision be granted approval subject to the easement matter being resolved. Upon motion by Larson, second by Ludowese, and all present voting in favor, the preliminary plat of Summit Square Third Subdivision was granted approval. Recommendation of Planning & Zoning Commission that the preliminary plat of Meadow Park Ninth Subdivision be granted approval subject to an acceptable temporary connection of roadways (being made or a temporary cul-de-sac being beuilt on the south end of 7th Avenue S. E. Upon motion by Powers, second by Ludowese, and all present voting in favor except Alderman Larson who r.` ,abstained, tl3e recommendation was accepted and the prelimnary plat granted approval 'subject to the connection of roadways being made. Record of Official Proceedings of the Common Council of the City of Rochester, Minn., May 7, 1973 5 1' 1 • 1 1 • 1 Alderman Ludowese was excused at 4:00 P. M. Upon motion by Strain, second by Powers, and all present voting in favor, two resolution were adopted -instructing the City Clerk to advertise for sealed proposals for (a) Sidewalk Replacement Project #I-NW-1973 and (b) Sidewalk Replacement Project #2-NW-SW- 1973. Upon motion by Larson, second by Strain, and all present voting in favor, two resolutions were adopted (a) resolution declaring cost to be assessed and ordering prepara- tion of proposed assessment and (b) resolution ordering a hearing on the proposed assessment for Project-6259-70-(J8340) grading and surfacing, storm sewer and watermain in 40th Street N. W. from llth Avenue N. W. to 660 feet East of West line Section 23-107-14. Recommendation of Public Works Committee that the petition for extension of watermain to Program Park First Subdivision be not financed as a local improvement assessl project and that the City Engineer advise the devel6prer that these improvements should be contracted for and constructed -by the owner's expense. Upon motion by Strain, second by Kamper, and all present voting in favor, the recommendation was accepted and the petition to extend watermain to.Program Park First Subdivision was denied. Upon motion by Powers, second by Kamper, and all present voting in favor, a resolution was adopted instructing the City Clerk to advertise for bids for "sanitary sewer and watermain facilities in 19th Avenue NW, 31st Place NW and 30th P1ace.NW-in Allendale Subdivision (City Project No. 6502-71). C. A. Armstrong, City Engineer, stated that because of the formality problems with HUD, this project may not be followed through but he felt that approval or disapproval at this time would be beneficial because if it was accepted by HUD then they could start right in with the project. Mr. George Henke, owner -of 10 acres of this land, wondered about the possibility of obtaining water and also if the City could dump the excess land into the sink holes on this property. C. A. Armstrong, City Engineer, stated that there would be no sense putting water in until the land is developed and Mr. Henke was told to visit with the City Engineer on the matter of the sink holes. . Upon motion by Powers, second by Strain, and all present voting in favor, two resolutions were adopted -(a) resolution declaring cost to be assessed and ordering preparat- ion of proposed assessment and (b) resolution ordering a hearing on proposed assessment for City Project No. 6921-1-70B(J8333) storm sewer in Northern Hills Drive N.W. in Northern Hills 1st Subdivision. Upon motion by Larson, second by Strain, and -all present voting in favor, the City Attorney was instructed to prepare a resolution amending the parking resolution , to establish a passenger loading zone under Section E, Paragraph (83.5) to read: "6th Avenue Southeast 6n the east side of the street 50 feet more -or less in,front of the premises known as Calvary Evangelical Church (6th-Avenue and llth Street S.E.); Upon motion by Larson, second by Strain, and all present voting in favor, the City Attorney was instructed to prepare a resolution amending the parking resolution to • establish a commodity loading zone under Section J Paragraph (4) to read: "South Broadway 522 Record* of Official Proceedings of the Common Council .of the City of Rochester, Minn., May 7, 1973 • the east side of the street 23 feet more or less in front of the premises known as 434 Broadway (Harold's Auto Electric). Upon motion by Kamper, second by Strain, and all present voting in favor, the City torney was instructed to prepare a resolution amending the parking resolution, amending tion (10) of Section E (Passenger Loading Zones) to read: West Center Street on the side of the street 100 feet more or -less in front of the premises known as 405 West ter Street, between the hours of 7:00 a.m. and 6:00 p.m. on Monday through Friday. Upon motionby Larson, second by Kamper, and all present voting in favor, the request f F. W. Schuster to place potted trees on the First Avenue Side of the First National Bank approved. Upon motion by Powers, second by Larson, and all present voting in favor, the quest to waive the land fill charges for the Boy Scout Clean Up Day scheduled for Saturday, 12, 1973 was approved. Resolution approving the final plan of the Planned Unit Development to be designated s "PUD-R-5 Planned Unit Development ""District Residential" dated 4/5/73 (Lot 1, Block 6, alhalla Fourth Subdivision). Upon motion by Powers, second by Strain, and all present ting in favor, resolution adopted. Resolution accepting dedication of public street easement across Lot 4, Block 3, tt's Subdivision. Upon motion by Strain, second by Kamper, and all present voting in , resolution adopted. Resolution amending resolution adopted on March 5, 1973 authorizing institution of ceedings to acquire certain permanent easements for sanitary sewer and watermain facilities eminent domain (revising description of parcels 30, 36 and 38 - Allendale Subdivision). motion by Larson, second by Strain, and all present voting in favor, resolution adopted. Resolution approving agreement between City of Rochester and Weichselbaum & ciates, Inc. for construction of fire and crash building at the Rochester Municipal irport. Upon motion by Kamper, second by Powers, and all present voting in favor, resolution ed. Resolution accepting dedication and granting of a public utility easement across the 10 feet of Section 27, Township 107 North, Range 14 West, Olmsted County, Minnesota (Lyle Alike Cutshall). Upon motion by Kamper, second by Strain, and all present voting in favor, lution adopted. An Ordinance rezoning certain property, creating a Planned Unit Development District as PUD-R-5 and amending Ordinance No. 1659 known as the Zoning Ordinance of the City of chester, Minnesota (Lot 1, Block 6, Valhalla Fourth Subdivision) was given its first reading. An Ordinance annexing to the City of Rochester, Minnesota, certain unplatted land not eeding 200 acres in area situated in Section 15, Township 107 North, Range 14 West, Olmsted County, Minnesota (Pennington Property) was given its first reading. An Ordinance rezoning certain property and amending Ordinance No. 1759 known as the E 1 1 ,0 1 I� Record of Official Proceedings of the Common Council 523 of the City of Rochester, Minn., May 7, 1973 1 1 1 • 1 Zoning Ordinance of the City.of Rochester, Minnesota.(part of Golden Hill Addition and Knollwood Acres to B-3 General Business District) was given its sedond reading. A motion was then.made by Powers, second by Strain, that the said ordinance be adopted as read and all present.voting in favor, President Postier declared the said ordinance duly passed and adoptei An Ordinance relating to Community Development Projects and Shopping Centers; establishing procedures for changing the plans therefor under Ordinance No. 1659 known as the Zoning Ordinance of the City of Rochester, Minnesota, was given its sedond reading. A motion was then made by Larson, second by Powers,.that the said ordinance be adopted as read and all present voting in favor, President Postier declared the said ordinance duly passed and adopted An Ordinance relating to Zoning Planned Unit Developments, and the use of property for recreational purposes; amending Rochester Code of Ordinances, Sections 64.305 and 65.600 as enacted by Ordinance No. 1659 and adding a new Section 65.656 thereto, was given its first reading. An Ordinance relating to the Rochester Police Department and the Personnel thereof; amending Rochcester Code of Ordinances, Section 24.010 to read as follows was given. its first reading: 24.010. The police department of the city shall consist.of one chief, two assistant chiefs, one records clerk, eight police captains, ten detectives, four sergeants, and sixty-six patrolmen; provided, however, that as each of the positions of sergeant becomes vacant the position shall be abolished and an additional position of patrolman shall be added. Tabled Item on the application for Approval of a Planned Unit Development (concept statement) to be located at 1221k Marion Road S. E. A motion was made by Larson, second by Powers, to remove this item from the table (it had been tabled from the April 16, 1973 meeting) and all present voted in favor. Details as to design remained to be worked out and entrance to the area was also unresolved. Mr. Carlton Penz was present and showed maps of the area. C. A. Armstrong, City Engineer, stated that he did not advise that a public street be put into this area, he said a private drive would be advisable but someone would have to be responsible for the maintenance, if the people who owned the property would take care of this there would be no problems. Mr. Penz stated that there had been no problems in the past. Alderman Larson stated that he felt better access would have to be provided to the apartments and if the Council approved the concept statement, this would still have to be resolved. A motion was made by Strain, that the concept statement be approved and the matter of access be referred back to the Planning Commission and also the matter of the residential stuck behind the commercial area; Powers seconded the motion and all present voted in favor, except Alderman Larson who voted "nay". Upon motion by Larson, second by Strain, 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., the follow- ing members being present: President Postier,'Aldermen Kamper, Larson, Ludowese, Powers, Strain. Absent; Alderman McNary. Hearing on New Sidewalk Project #1-1973, Both sides of 26th Street N. W. from • I'A 524 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., May 7 , 1973 West frontage Roadh. Highway 52 North to 27th Avenue N.W.; East side of 24th Avenue N.W. from 26th Street N.W. south to sidewalk in place. Mr. Robert Chaney of 2449 26th Street N. W. was present and stated that the grading and elevation was laid out in this area with no provision for walks and addition of a walk would be detrimental to the area; he'presented a petition signed by 30 residents in the area opposing the project. There was no one else present wishing to be heard. President Postier declared the hearing officially closed. Upon motion by Larson, second by Strain, and all present voting'in favor, a resolution was adopted ordering that the improvement be made and designating the City Engineer as engineer. Hearing on New Sidewalk Project #2-1973 (J8456). South side of 4th Street N. W. from 12th Avenue N. W. east to service walk; both sides of 12th Avenue N. W. from 4th to 4k Street N. W.; south'side of 4k Street N. W. from 13th to llth Avenue N.W.; north side of 4th Street N. W. from 12th Avenue to 4k Street N. W.; southerly side of Folwell Drive S.W.'from 8th Street to Walden Lane S. W. Mr. Irvin Hoch of 1420 15k Avenue N. W., Mr. Kenneth Reding of 1220 4k Street N. W. and Mr. Robert Pluth of 407 12th Avenue N. W. were each heard in opposition to the project. A petition with 30 signatures opposing the project was also presented. There was no one else present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by Ludowese, second by Strain, that the project be abandoned except the southerly side of Folwell Drive S. W. from 8th Street to Walden Lane S. W. and that a resolution be adopted ordering that part of the project to be made and designating the City Engineer as engineer. Alderman Larson made a motion to amend the above motion to abandon the southerly side of Folwell Drive S.W. from 8th Street to Walden Lane S.W., his motion was lost for want of a second. President Postier then called for a vote on the original motion and all present voted in favor. Hearing on New Sidewalk Project #3-1973 (J8457). North side of 28th Street N. W. from 15th to 18th Avenue N.W.; northerly side of 15th Avenue and 30th Street N. W. from 28th Street to 12th Avenue N.W.; east side of 12th Avenue N.W. from one lot north of Cascade Street N.W. north to sidewalk inplace; south side of 15th Avenue N.W. from 13th to 14th Avenue N.W.; south side of 22nd Street N. W. from 13th to 14th Avenue N. W. There was no one present wishing to be heard. President Postier declared the hearing officially closed. Upon motion by Strain, second by Powers, and all present voting in favor, a resolution was adopted ordering the improvement to be made and designating theCity Engineer as engineer. Hearing on New Sidewalk Project #4-1973 (J8458). Both sides of 8k Avenue Southeast, 13� Street South through dul-de-sac; south side of 13k Street Southeast, 8th Avenue Southeast to llth Avenue S. E. There was no one present wishing to be heard. President Postier declared the hearing officially closed. Upon motion by Powers, second by Kamper, and all present voting in favor, a resolution was adopted ordering the improvement to be made and designating the City Engineer as engineer. Hearing on New Sidewalk Project #5-1973 (J8459). West side of 15th Avenue Southeast, 1 0 1 • • Record of Official Proceedings of the Common Council 525 of the City of Rochester, Minn., May 7, 1973 0 1 1 1� L A Street S. E. north to sidewalk inplace; West side of 14th Avenue S.E., 3k Street S. E. north to sidewalk inplace; east side of 14th Avenue S.E., 3k Street to 4th Street S. E.rj West side of 16th Avenue S.W., 1st Street to 2nd Street S.W. Mr. Charles Schleif of 1430 1st Street.N. W., Mr. Michael Currie, Manager of the Embers at 108 17th Avenue S. W., Mr. David Marsh of 241 15th Avenue S.E. and Mr. Richard Brown of 1409 4th Street S. E. were each heard opposing the proposed sidewalks. There was some question as to the removal of the trees on 16th Avenue S. W. but Mr. Harold DeVries, Sidewalk Superintendent, stated that they would not have to be removed something could be worked out. There was no one else present wishing to be heard. President Postier declared the hearing officially closed. Upon motion by Kamper, second by Strain, and all present voting in favor, a resolution was adopted ordering the improvement to be made, with the provision that the trees on 16th Avenue S. W. be saved, and the City Engineer be designated as the engineer. Hearing on New Sidewalk Project #6-1973 (J8460). Both sides of Viking Drive N.W.1 from Elton Hills Drive North to 26th Street N.W.; both sides of Viking Court and Haling Court West of Viking Drive; south side of Nordic Court, Viking Drive West to easement; both sides of 26th Street N.W. from Viking Drive to 4th Avenue N.W.; east side of 4th Avenue N.W. from Elton Hills Drive to 26th Street N.W.; both sides of Valkyrie Drive from Elton Hills Drive N. W. to Valkyrie Lane N. W. Mr. Milton Coppe of 211 Valkyrie Drive was present and stated that he could see no reason for installing sidewalk here. Alderman Kamper stated that she was in favor of the sidewalk project but stated that the drainage was a problem and requested that Harold DeVries, Sidewalk Superintendent, look at the problem if the project were approved. There was no one else present wishing to be heard. President Postier declared the hearing officially closed. Upon motion by Strain, second b3 Powers, and all present voting in favor, a resolution was adopted to proceed with the project and designate the City Engineer as engineer for the project. Hearing on Improvements on 3rd Avenue N. W. from 14th Street N. W. to 600 feet south of 19th Street N. W. (this hearing was continued from April 16, 1973). Mr. Leonard Johnson of 1614 3rd Avenue N. W. spoke in opposition to the sidewalk as he felt there woul� be no need for it. Mr. Leon Urbach was present in behalf of his parents who live at 1646 3rd Avenue N. W., he said he felt by widening this street it would cause a greater traffic problem, he did not feel sidewalk was needed here and he again mentioned that his parents bought the house and were told there was city sewer and water but found out later that the3 had only water but in the meantime the Utility Department had charged them for sewer. President Postier referred the matter of payment for sewer to the City Engineer and the City Attorney and if any money had been paid it should be refunded. Mr. John Siple of 1532 3rd Avenue N. W. said he felt a 36 foot roadway would be wide enough as it is now in the morning the trucks from Crenlo, Inc. have as 'many as 8 to 10 cars stopped at a time; C. A.Armstrong, City Engineer, stated that 36 foot is not wide enough to provide for future traffic and he felt this would become a primary street in the future and they had been meeting with Crenlo to try to work out something with their traffic. Mr. Ron Seeger, �7A 526 Record" of Official Proceedings of the Common Council of the City of .Rochester, Minn., May 7, 1973 Attorney, spoke in behalf of Crenlo and said that in addition to their share.of.the actual street reconstruction costs they estimated it,would cost them up to $100,000 to build a new retaining wall, construct new loading docks, etc. and urged the Council to consider some alternate routes for possible study. Mr. Donald Lubbert of 1406 3rd Avenue.N..W. said his front steps were close to the road now and if it.were widened he would have no front yard, and also wondered who would pay for all of this.. Mrs. Delores Ramaker of 1411 3rd Avenue N.W. stated she would have no approach to her house. There was no.one else present wishing to be heard. President Postier declared the hearing officially closed. Upon motion by Ludowese, second by Powers, and all present voting in favor, a resolution was adopted to proceed with the project with the decision as to whether to have sidewalks on the east side or not to be at a later date and designate the City Engineer as engineer for the project. Hearing on Improvements on 2nd Street S. W. between llth Avenue and 16th Avenue S.W. consisting of street widening, resurfacing,concrete curb and gutter, sidewalk improvements, storm sewer improvements, installation of traffic signals at 14th Avenue and modification of existing signals from llth Avenue to 13th Avenue S.W. (this hearing was continued from April 16, 1973). Mrs.'ii11e,7Sheldon of 1311 2nd Street S. W..said she felt the street was enough as it is, there is so much traffic going through now that you can't hear the telephone, she also said her taxes would.go up and she would have to :pay for the improvements. Smekta asked Mrs.Sheldon if parking were eliminated from llth Avenue to 16th Avenue S.W. if this would effect her and she said not it would not hurt her. There was no one else present ing to be heard. President Postier declared the hearing officialy closed. A motion was then made by Powers, second by Kamper, to abandon the project and experiment with the no ing for a one year period; all present voted in favor except Alderman Ludowese who "abstained". Hearing on extension of sanitary sewer and watermain to serve an 11-acre tract in SWk Section 7, Marion Township and a 22-acre tract in Section 12 Rochester Township (Rochester illas). There.was no.one present wishing to be heard. President Postier declared the officially closed. Gerald Swanson, City Attorney, stated that the agreement with the s of the property would be to collect the money based on the estimated cost for the 9.5 cres and hold it in escrow until the project is completed, then the balance of .the assessment n the 11.5 acres would be spread over a period of three years; they have to develop this land ithin three years. Upon motion by Ludowese, second by Kamper, and all present voting in favor, resolution was adopted approving an agreement between the City of Rochester and Robert M. , Margaret M. Conway, Jean Associates, Inc., B. J. Loftsgaarden for installation of sewer and water service to land situated between Bear Creek and Highway 52 S. E. Hearing on application for approval of the final plan for a Planned Unit Development be known as Hilton Inn Located on Lots 1 and 2, Block 2, Green Meadows First Subdivision (north side of 16th Street S.W. and East of Greenview Drive S. W). There was no-one present 1 11 1 1 • u Record of Official Proceedings of the Common Council of the City of Rochester, Minn., May 7, 1 0 11 C • 1 wishing to be heard. President Postier declared the hearing officially closed. Upon motion by Kamper, second by Powers, and all present voting in favor, a resolution was adopted approving the final plan for the Planned Unit Development to be known as "PUD-R- Planned Unit Development District Residential"(Hilton Inn) Lots 1 and 2, Green Meadows First Subdivision, Olmsted County, Minnesota. Hearing on Planning Commission initiated amendments to the City's Comprehensive Plan to designate parts of Sections 28, 29, 32, 33 of Cascade Township as being best suited for commercial and industrial use (U.S. 14 West at the 35th Avenue N. W. Extensio Mr. H. W. Swanson of 3415 7th Street N. W. was present and stated that he was worried that his property would become surrounded by industrial and commercial property and he was also opposed to taking his trees, he said he felt this should be developed as residential and not industrial or commercial. It was stated that there were no plans to develop this land for industrial or commercial. There was•no one else present wishang t be heard. President Postier declared the hearing officially closed. Upon motion by Larson, second by Powers, and all present voting in favor, the City Attorney was instructed to prepare a resolution amending the City's Comprehensive Plan. follows: Hearing on the proposed amendment of Section 153 of the City Charter to read as "Section 153. The Secretary of said Board shall also be the Bookkeeper and collector for the City Electric Light plant. Said Board shall annually appoint a Superintendent of said plant. It shall also appoint and hire such other employees as are necessary for the proper management and operation of such plant, and may discharge them at will. Such Board shall prescribe the duties of such Superintendent, Secretary and employees and shall fix their compensations. Such Board may require from its appointees and employees bonds for the faithful performance of their duties. The amount of such bonds shall be fixed by the Board." There was no one present wishing to be heard. President Postier declared the hearing officially closed. Upon motion by Larson, second by Kamper, and all present voting in favor, the City Attorney was instructed to prepare the necessary ordinance. An Ordinance relating to the qualifications of the Superintendent of the City of Rochester Electric Light Plant; Amending Section 153 of the Charter of the City of v Rochester, was given its first reading. Upon motion by Powers, second by Kamper, and all present voting in favor, three resolutions were adopted referring the following proposed improvements for feasibility report and recommendations to the City Engineer and Public Works Committee (1) petition of Richard J. Welsh for extension of sanitary sewer main in 15th Avenue S.W. from 7th Street S.W. to 180 feet south (2) petition of Ray Arend for sewer and water extension to his property along T. H. 14 West and (3) petition of seven property owners for concrete sidewalk on both sides of 8th Avenue S.E. from 16th Street to 16k Street S. E. Mr. Jean S. McConnell of 1614 3rd Street N. E. was present and requested that thel Council consider drafting a resolution to be forwarded to all Minnesota representatives, supporting Senator Mondale as a new member of the Senate Finance Committee, to expose 0 2 58 Record of Official Proceedings of tho- Cbinmon Council of the City of Rochester, Minn., May 7. 1973 C� the tax evasion and manipulations of some wealthy individuals and organizations in this country as a tax appropriate reform legislation; he stated that if the people of this country are defrauded of this money on a federal level then so are we in the City of Rochester; he urged support of these people that are trying to help this situation. President Postier stated that Mr. James Andre, City Administrator, would take this up at the next Committee of the Whole meeting. A motion was made by Powers, second by Strain, and passed by all';,members.presez t, that the semi-monthly bills, list attached, in'the amount of $156,194:37 be approved. An Ordinance rezoning certain property, creating a planned unit development -district known as PUD-R-6, and amending Ordinance No. 1659 known as the Zoning Ordinance of the City of Rochester, Minnesota, was given its first reading. Upon motion by Larson, second by Strain, and all present voting in favor, the meeting was adjourned until 7:30 o'clock P. M. on May 21, 1973. Deputy City Clerk INFORMATION 5-7-73 1. Minutes of the Standing Committee 3-19-73 2. Minutes of the Standing Committee 4-9-73 3. Minutes of the Standing Committee 4-30-73 4. Notice of Injury - Agnes Kruger of 836 Memorial Parkway (referred to Attorney, 'Insurance, Library) 5. Letter from residents of 6th Street and 9th Avenue N.W. (referred to Health Department for investigation) 6. Letter from J. Weivoda and C.F. Downey (referred to Division of Public Works) 7. Letter from Rochester Housing and Redevelopment Authority -(referred to Committee of the Whole pending future developments on federal programs) 8. Letter from Water Department (referred to Public Works) 9. Letter from Department of Taxation re: assessed valuation hearing 10. Referred to Planning and Zoning: a. application for variance at 3815 17th Ave. N.W. (Frederick Schroeder) b. application -for variance at 1753 3rd Ave. S. E. (Rollyn Gaskill) c. petition to annex 15 acres in Cascade Township (Ray Arends) d. petition to annex 107 acres in Cascade Township (Clemens and Conway) e. petition to rezone property at S.E. corner of East Center Street and 6th Avenue-S.E. from R-2 and R-3 to R-4 f. Petition to vacate a portion of the alley in Block 107 of Willson's Addition (Adamson and City of Rochester) 1 • I 1 • 1