HomeMy WebLinkAbout09-17-1973Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., September 17, 1973 •
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 September 17,
1973.
President Postier called the meeting to order at 7:30 P.M.., the following
members being present: President Postier, Aldermen Kemper, Larson, Ludowese, McNary,
Powers, &.Strain.
Upon motion by Larson, second by Kemper, with.all present,voting in favor,
the minutes of the August 6, 1973 and August 20, 1973 were approved with the following
correction on Page # 4 of the minutes of August 20, 1973, the prepared resolution
establishing a No Parking Zone under Section B to read as follows should include "
Two (2) Hour Parking limit " and under Section B should then read as follows:
"Second Avenue Northeast on both sides of the street between Second
Street and Seventh Street except for a two (2) hour limit on the
west side of the street from Fourth Street to.a point 400 feet more
or less north of Fourth Street."
Hearing on considering the street improvement project on 2nd St. S. W.
between lltli Avenue and 16th Avenue. A previous hearing was held April 16, 1973 at
which time the project was dropped. After further study, this improvement included
the following
1. Widen 2nd St. S.W. from 13th Avenue to 16th Avenue .
2. Widen the north side of 2nd St. S. W. 3 feet between 12th Ave..& 13th Ave.
3. Widen a section in front of St. Mary's for buses, taxis, and passenger stops.
4. Install traffic signals at the intersection of 14th Avenue.
5. Modify and interconnect the llth Ave. & 2 pedestrian signals.
Having no one present that wished to be heard, President Postier declared the
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hearing officially closed. Upon motion by Powers, second by Kemper with all present voting
in favor, the City Attorney was instructed to prepare a resolution for the improvement
to proceed. This resolution was not adopted. Alderman Larson abstained.
Hearing on Improvements on 14th Avenue S. W. between 2nd St. S. W. and St.
Mary's Entrance. A previous hearing was held April 16, 1973 at which time this matter
was referred to the Committee of the Whole for further study. 1hhe,Committee,of-the
Whole recommended another public hearing. This improvement includes widening the east
side of 14th Avenue constructing new sidewalk on the east side and installing a storm
sewer. An additional 5 foot of right-of,=way will be required on the east side to provide
adequate roadway, sidewalk and a boulevard. The estimated cost of the project is $40,000.00.
Wishing to be heard was Mary Conway of 324 14th Ave. S. W. and stated she was not at all
in favor of widening to take care of St. Mary's traffic. She stated this will ruin the
homes and they should have to have the 25 foot frontage. Also wishing to be heard was Mr.
Frances Doole of 313 14th Avenue S. W.,Was present speaking -;'as-
in the City ofiRochester. He stated that the Council has been entrusted with the taxpayers
money and hopes they have their support. Wishing to be heard was Evelyn Huettel of 310
14th Avenue S..W. and stated that it would be sensible for a signal light to be put on
13th Avenue instead of 14th Avenue as they have difficulty getting out of their drive-
way because of the crossing of the lanes. Irene Donovan of 318 14th Avenue S. W. questioned
that they were taking all the widening off one side.
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Record of Official Proceedings of the Common Council
of the City .of Rochester, Minn., September 17, 1973.
Wishing to be heard was Mr. Don Terry of 323 14th Avenue S. W. and stated that
he was not in favor of the widening and taking his front yard. He stated it would
be like living in a store. Having no one else present '.that' wished to be heard,
President Postier declared the hearing officially closed. Upon motion by Larson,
second by Powers, and all voting in favor, with Ludowese abstaining, a resolution
was adopted ordering the improvement to be made.
Hearing on the application for approval of the Final Plat of Replat of.Lots
1-7, & 9-14, Block 5, Valhalla Fourth Subdivision. Having no one present that
• wished to be heard, President Postier officially declared the Hearing closed.
Upon motion by Strain, second by Powers, with all voting in.favor, the prepared .
resolution granting the approval was adopted.
Hearing on.a.Petition to vacate that.part of the South 50.Feet of 37th St.
N.W. that lies north of and adjacent to Lots 19 and 20 , Block 1, and Outlot 1,
Rolling Greens 4th Addition. Having no one present.wishing to be heard, President
Postier declared the hearing officially closed. Upon motion by Ludowese to accept
the rules of the Planning Commission recommendation, second by Powers. After a
discussion by members of the Council, another motion was made by Ludowese to table
this and`ieii& it'back to the Committee of the Whole for further study. All voted
in favor.
Request by the City Administrator for Authorization to File Federal Grant
Application ( STP step 1.) Planning Grant with the Environmental Protection Agency.
A Step 1 Grant. application is necessary to make appropriate sutdies before applying
fo a -construction grant. Upon motion by Powers, second by Strain, with all present
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voting in favor, the prepared resolution granting this request was adopted.
Request from the City.Administrator appointing Roger Plumb as Director of
Building and Safety. This appointment is in addition to Mr. Plumb's duties as
Director of Public Works. Request toycreate a new position of.Building.Official
in the Building and Safety Department and appointing Donald Weep to fill this.
position effective immediately at a salary of $17,160. per.year. Request to revise
the qualification forthe plans checker position. Upon motion by Powers, second by
Kamper, with all present voting in favor the three requests were granted.
Request from the Committee of the Whole for a draft to be prepared for the
Committee review of proposed amendments to Rochester's Human Rights Ordinance, to
bring it into conformance with the recent amendments to the Minnesota Human Rights
Act. Upon motion by Strain, second by Kamper with all voting in favor, the motion
instructing the City Attorney to prepare this draft was adopted.
Request from the City Administrator of Lysne Construction, Inc. of Blooming
Prairie, to move three (3) houses from 216-222-226 14th St. S.W. to 1900 block on
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., September 17., 1973
2nd St. N..W.over the following route: North on 14th St. S. W. to 2nd St. S.W. then
West to 18th Ave. S. W. north'to 2nd St. N. W., then west to new location. Houses
are owned by Carlton Penz. Upon motion by Powers, second by Ludowese with all present
voting in favor, permission was granted to move these houses.
Recommendation for Application for Approval of a Revision to the Planned
Unit Development (Preliminary Plan) known as Broadmoor Apartments, Phase I
(Relocate Garages). Upon motion by Ludowese, second,by Strain with all
present voting in favor, approving this amendment to the Preliminary Plan identified
as P.U.D. 69-4 dated Received August 31, 1973, City Planning Department Roch. Mn.
Recommendation from the Planning Department for Application for Approval of
a Revision to the Planned Unit Development :(Preliminary Plan) for Rochester Methodist
Hospital ( Add A Storage.Garage). :A. motion�was'made by Ludowese, second by.Strain
with all present voting'in favor approving this amendment to the Preliminary Plan
identified as P.U.D..13-2 dated Received Aug. 30, 1973, City Planning Dept.
Recommendation by the Planning Department on the Application for approval
-of-*,,,a Planned Unit Development (concept.'statement) for Expansion of the Holiday
Inn Motel South on U.S. 63. A motion was made by Larson, second by Strain with all
voting in favor to approve this concept statement identified as P.U.D. 73-13
Recommendation from the Planning Department for Application for Approval
of the Preliminary Plat of Rochester Villas. Mr.Russell Boraas, attorney wanted
the line of the Revised and Grade Level on the Flood Protection.Level that was
put on the official map removed because in order for them to build, they would have
to fill in land and be up abovetthe flood fringe and by,having this line in the
map, really shows them still in the flood fringe, and would create problems with
financing this project. Mr. Thomas Moore, Planning Director stated that the line
was put on the map to make people aware that they have a potential hazard of the
flood fringe. Upon motion by Ludowese, second by Kamper with all.present voting
in favor that this Preliminary Plat of Rochester Villas be approved subject to
the following conditions: 1. The westerly half of the site is situated in the
Flood Fringe area. As such, its development will be subject to the Flood Fringe
regulations of the Zoning Code and the Subdivision Ordinance. ( A copy of the
Subdivision Ordinance regulations on flood fringe standards are being sent to the
surveyor, Wallace, Holland, Kastler, and Schmitz, Inc.) The flood fringe matter
will simply require filling the land about 1-2 Ft. in some areas which;was.generally
being proposed anyway, some private deed restrictions will have to beprepared .and
the flood hazard area will have to be shown on the final plat.
2. A more complete explanation should be given of the problems with the street.
right-of-way in the area between this plat and U.S. 52.and Longfellow School. and
on the condition that the flood fringe technically be worked out.
Recommendation of the Engineering Department to Order _Hearings on Special
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Assessments on 1972 New Sidewalk Projects as follows:
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Record of Official Proceedings of the Common Council
of. the City of Rochester, Minn., September 17, 1973
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New .sidewalk project # 2-1972 J 8417., Both sides 5th Ave. NW from Elton Hills Drive
to Zumbro Dr. NW; Both sides 6th Ave.NW from Elton Hills Dr. to 26th St. NW; Both
Sides 26th St. NW without sidewalk from Zumbro Dr. to 4th Ave.NW; West -side 4th NW
to 5th Ave.NW.
New sidewalk project # 4-1972 J8419. East side 16th Ave.NW from 2nd St. NW to'Sth
Place NW; South side of 5th Place NW'from 13th Ave:NW to 16th Ave. NW; West side 13th
Ave.NW'from 5th Place NW South to walkway" -,into Kutzky Park; West side Folwell'Drive
SW from 7th St. Southerly thru Lot 3.
New sidewalk project # 5-1972 J 8420. South side 9th St. S. W. from 7th Ave. SW east
to Sidewalk inplace; North Side of llth St. SW from loth St.SW Northerly to sidewalk
inplace on.6th Ave; North Side 10th.St.-SW without walk from llth St. SW to walk inplace
on 8th Ave. SW from Memorial Parkway to llth St. SW; Both sides of 8th Ave. SW from
llth St. SW North to sidewalk inplace.
New sidewalk project No. 6-1972 J 8421. South side Northern Heights Dr. NE from
21st Si NE to East City Limits; North Side 19th Street NE from Northern Heights Dr. NE
south and east thru lot opposite Teton Lane NE and East side 1st Avenue NE from 16
St. NE south to sidewalk inplace.'
A motion was made by Ludowese, second by Powers, with all voting in favor that the
prepared resolution declaring costs to be assessed and ordering the preparation of
the assessment rolls and the prepared resolution ordering hearings on the proposed
assessmentsbe adopted.
Upon motion by Powers, second by Strain, with all voting in favor, the
resolution ordering bids to be advertised on the Sanitary.Sewer to Community Recreation
Center -to be received on October 10, 1973 at1ll:00 A.M. was adopted.
Recommendation by the City Engineer to Accept the low bid for Improvements on
3rd Avenue N.W. from 14th St. N.W. to 600 Ft. -South of Elton Hills Drive. Bids were
received and opened at 11:00 o'clock A.M. September 12, 1972 and were from the
following: Leon Joyce Construction Company $195,303.05 and Rochester Sand and Gravel
$192,919J0.. The Engineer's Estimate was $187,824.00. In addition to the above bids
a bid was received at 11:04 A.M. After review of the Assistant City Attorney,- Mr.
Donald ,DeVaughn,. it was determined that the bid should remain unopened until the City
Countil meeting upon which a motion should be made to waive the irregularity in
advertising. The published notification stated that the bids would be opened at 11:00
P.M: instead of 11:00 A.M., therefore, the unopened bid should be considered at this
time. Upon motion by Ludowese, second by McNary, with all voting in favor, the
motion to waive the irregularity in advertisement of bids and open the bid received at
11:04 A.M. This bid was from the Sullivan Construction Company in the amount of
$200,122.55., and Accept the low bid of Rochester Sand and Gravel in the amount of
$192,919.20 subject to approval of the State -Aid Office of the Minnesota Highway
Department. The contract should notbbe executed before that approval.
'Recommendation from the Public Works on a Contract Agreement for Engineering
Services Phasey]II Pennington Third Subdivision. Upon motion by Kamper, second by
Larson, with all voting in favor, a motion adopting a resolution authorizing -and
directing the Mayor and City Clerk to execute an agreement with Yaggy Associates,
Inc. to prepare the plans, specifications and engineering inspection regarding
Watermain and Storm Sewer Main extension in Broadmoor Apartments in Phase III,
Pennington Third Subdivision ( The property has signed an agreement to provide
for Engineering Services to Yaggy Associates, Inc.) was approved.
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Recommendation from the City Administrator that Chapter 46 of the Rochester
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., September 17, 1973
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Housing Code be deleted in its.entirety, including any reference to Chapter 46 else-
where in the Code. This will eliminate the need for these units to be licensed by
two separate agencies and will not result in any loss in revenue. The County Health
Department recently assumed, from the State of Minnesota, the responsibility for the,
licensing and inspection of hotels, motels and rooming houses. Chapter 46 of the
Rochester Code of Ordinances requires all hotels, motels, and rooming.houses to be
registered with the City by obtaining annual permits, for -which no fee is required.
Upon motion by Powers, second by Larson, with all present voting in favor, the City
Attorney was instructed to prepareaan Ordinance abolishing Chapter 46 of the Rochester
Code of Ordinances.
Upon motion by McNary, second by Kamper, with all present voting in favor,
the request from John Marshall Homecoming Committee to have a Homecoming parade in
downtown Rochester on September 28, 1973 beginning at 4:00 was approved. Also included
in this motion was permission for Mayo High School and Lourdes Hag h School -for their
Homecoming parades. ( They have not submitted a letter at this time ).
Recommendationby the Public Works Director that Plans for llth Avenue S. E.
County State Aid. Highway # 1 within City limits ( llth Ave, -from the north line of
Meadow Park Sth.Subdivision to Pinewood Rd._S.E.) These plans were prepared.by the
County highway Department and reviewed by the City Engineering Department. Upon
motion by McNary, second by Ludowese, with all voting in favor, the prepared resolution
was adopted. This approval was necessary_so that the portion of the project.within
the citycan be included as a Sate Aid project.
A motion ivas made by.Powers, second by <Stralni i' and passed unanimously, that
the semi-monthly bills, -list attached, in the amount of $114,112.64 be approved.
Resolution on an Amendment to Local Improvement Resolution dated August 6, 1973
(WaterMain Extension from 22nd Street N. E. from 19th Avenue to Northern Hills Drive,).
Adding new paragraph (5) as follows: The Common Council hereby declares.its intent
to assess the deferred assessment referred to above against property presently abutting
said improvement whenever the property is platted or otherwise developed but in any
event not later than August, 1978. Upon motion by Strain, second by Powers,.with all
voting in favor, the resolution was adopted.
Resolution on Proposed Revision to the Land Use Plan in the area from U.S. 52
to Country Club Manor between 2nd Street S. W. and the -Chicago and Northwestern Rail-
road. Upon motion by Ludowese, second by Kamper with all voting in favor, the resolution
was 4,adop ted .
Resolution Amending Paragraph (14) of Section I, Parking Meters Zone C to read
as follows:
Section I, Parking Meters Zone C (60 minute parking), Paragraph (14) is
amended to read as follows:
"(14) Fourth Street Southeast on both sides of the street between the rail-
road tracks and Second Avenue".
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Upon motion by Larson, second by Ludowese, with all voting in favor, the
resolution was adopted.
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., - September 17,1973
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Resolution on City -Owner Contract for Storm Sewer and Watermain Improvements
to Broadmoor Apartments - Phase III, Pennington -Third Subdivision ( Yaggy Associates),
are the consulting engineers. Upon motion by Strain, second by McNary, with all
voting in favor; the resolution was adopted.
Resolution approving the public Utility resolution to enter into a contract
with Crescent Electric Supply in the amount of Three Thousand Seven Hundred and Twenty
Dollars ($3,720.00) for 10,000 Ft. of 1/0 15 KV Cable according to specifications on
file." Upon motion by Ludowese,second by Powers with all voting in favor, the resolution
was adopted.
Resolution approving,the Public Utility resolution to enter into a contract
with the General Electric Company for futnishing Materials in accordance with specifi-
cations on file for expansion of the Cascade Substation, (General Electric being the
only manufacturer able to furnish compatable equipment) in the amount of $26,314.00).
Subject to site approval." Upon motion by Larson, second by Strain with all voting
in favor, the resolution was adopted.
Resolution approving the Public Utility resolution to enter into a purchase
agreement with S.M. Supply Company in the amount of Nine Thousand Four Hundred Seventy
Eight and 50/00 Dollars ($9,478.50) for 15,000 Ft. 3/0 600V Cable ($6,417.00) and
19,000 Ft. 1/0, 600V Cable ($3,061.50) according to specifications ontafile."
Upon motion by Larson, Second by Ludowese, with all voting in favor, the resolution
was adopted.
Resolution approving the Public Utility resolution to enter into a contract
with Edgar Jenson for the purchase of 26.09 acres for the price of $64,572.00 accord-
ing to the schedule submitted to the City Administrator, a copy of which is attached
to the resolution on file with the City Clerk and made a part of this agreement.
This agreement subject to immediate possession." Upon motion by Larson, second by
Ludowese with all voting in favor, the resolution was adopted.
Resolution approving the Public Utility resolution that the Common Council
of the said City atu thorize the said Board to pay a fee of $25.00 to Chicago North-
Western Railroad for use of land and land rights for the property used by the Public
Utility Department for a transmission line. and, that said contract be executed and
signed by the Mayor and City Clerk. Upon motion by Larson, second by Powers with all
voting in favor, the resolution was adopted.
Resolution approving the Public Utility Resolution that the Common Council of the
said City atu thorize the said Board to enter into a purchase agreement with United
Electric in the amount of $415.03 according to specifications on file. Upon motion
by Larson, second by Kamper, with all voting in favor, the resolution was adopted.
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Record of Official Proceedings of the* Common Council
of the City of Rochester, Minn., September 17, 1973
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Resolution approving the Public Utility resolution that'the Common Council
of said City authorize the Board to enter into a'purchase order contract with Joslyn
Manufacturing Company for furnishing in'accordance with specifications on file
60 - Class 4- 35 Foot Red Western Cedar Poles
2- Class 2 - 75 foot Red Western Cedar Poles The amount of the contract to
be $9,382.50 and Joslyn Manufacutring Company being the lowest responsible bidder. Upon
motion by Ludowese, second by Powers, with all voting in favor, the resolution was
adopted.
Resolution approving the Public Utility resolution that the Common Council
of said City authroize the Board to enter into a purchase order contract with MacGillis
and Gibbs Company for futnishing in accordance with specifications on file -
50 - Class 2 - 50 foot poles ( Red Western Cedar ) the amount of the contract
to be $8,630.00 and MacGillis and Gibbs Company being the lowest responsible bidder.
Upon motion by Powers, second by Strain, with all voting in favor, the resolution was
adopted.
Resolution accepting Sanitary Sewer Easements for the following: Gwendolyn
H. Twentyman, Wesley W. Kepp and Delores A. Kepp - dated September 5, 1973.
John Pervin and Florence E. Pervin, dated July 23, 1973.
Frances Elizabeth DeWitt, John Pervin and Florence E. Pervin, dated August 8, 1973.
Robert M.Conway and Margaret M. Conway, dated July 5, 1973. Upon motion by Strain,
second by Kamper, with all voting in favor, the resolution was adopted with the
City Clerk to record the same in the office of the Register of Deeds.
Resolution accepting 22 Storm Sewer Easements for Elton Hills, granted
the City by the following: Robert J. Koenig and Joan Koenig, dated May 25, 1973;
(George F. Mamasis and Lynn A. Mamasis, dated July 18, 1973; Jerome J. Rein, Jr. and Colleen
D. Rein, dated July 19, 1973; Robert B. McCutcheon and Edity L. McCutcheon, dated
jApril 19, 1973; Joseph E. Machlica and Beverly J. Machlica, dated May 29, 1973;
(Cornelius J. Mahoney and JoAnn R. Mahoney,dated May 1, 1973; Donald L. Thorson and
(.Karen N. Thorson, dated May 21, 1973; J. Harlan -Johnson and Carole A. Johnson, dated
(May 10, 1973; Eugene G. Rebellato and Leona Rebellato, dated April 26, 1973; Harry
IF. Woods and Emily S. Woods, dated July 24, 1973"--"Dennis L. Hawley and Kay Marie Hawley
dated July 19, 1973; Darrel H. Ruesink and Doris K. Ruesink, dated July 24, 1973;
Robert L. Stoven and Elizabeth A. Stoven, dated July 23, 1973; Donald M. Fister,
dated April 23, 1973; Mary M. Davis, dated May 21, 1973; Joyce J.Catlin , dated April
25, 1973; Allyn Brenno and Elizabeth Brenno, dated June 27, 1973; Dale A. Frank and
Linda S. Frank, dated April 23, 1973; Alice P. Andrew, dated April 20, 1973; John
T. Borchardt and Evelyn W. Borchardt, dated April 19, 1973; Jerome W. Stensland
and Mary Jo Stensland , dated July 16, 1973; Gwendolyn G. Ranks, dated May 8, 1973
Upon motion by Kamper, second by Strain with all voting in favor, the resolution was
adopted authorizing the City Clerk to record the same in the office of the Register
of Deeds.
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., September 17, 1973
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An Ordinance Annexing to the City of Rochester, Minnesota certain platted lands
in Golden Hill Addition, Olmsted County, Minnesota. ( Arndt-Swelland Property)
described as follows:
The east half of Lot r,•less the North 66 feet thereof and less commencing
at the southeast corner of Lot 5, Block 3, Golden Hill Addition, Rochester
Township, Olmsted County, Minnesota, thence northwesterly parallel to
the center line of United States Highway No. 63 to a point 66 feet south of
the north line of said Lot 5, thence east parallel to -the north line of said
Lot 5, to the east line of said Lot 5, thence south along the east line of
Lot 5 to the place of beginning; and the east half of Lot 6, all in Block
3, Golden Hill Addition, Olmsted County, Minnesota, according to the plat
thereof on file and of record in the office of the REgister of Deeds in and
for said county, including the north half of 17th Street Southwest as it
adjoins the above described property.
was given its second reading. A motion was made by•Ludowese, second by Strain, that
said ordinance be adopted as read and all voting in favor, President Postier declared
the said ordinance duly passed and adopted.
An Ordinance Annexing to the City ofRochester, Minnesota certain unplatted
land in Cascade Township in Section 15, Township 107 North, Range 14 West,*Olmsted
County, Minnesota ( St. Pius Church ) was given its first reading. A motion was
made by Larson, second by Strain to suspend the rules and give7,the ordinance its
second reading; upon roll call vote with everyone voting in favor, President Postier
declared the said ordinance duly passed and adopted.
Upon motion by Larson , and second by Powers, with all in favor voting in
favor, the meeting was adjourned.
City Clerk
Information:'9-17-73
1. Minutes of the Standing Committees 9-10-73
2. Referred to -Planning and Zoning;
A petition to vacate -the alley lying adjacent to Lots 1-7,
Block 3, lathers Add. ( St: Mary s-Hospital )
3. Information Planning Department. RE: Zoning Change on 37th St. N.W.
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