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HomeMy WebLinkAbout10-01-1973Record of Official Proceedings of the Common Council of the City of Rochester, Minn., `October L, 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 October 1, 1973. President Postier called the meeting to order at 2:00 P.M., the following members being present: President Postier, Alderman Kamper, Ludowese, McNary, and Strain. Absent: Aldermen Powers and Larson. ( Alderman Larson arrived at the meeting at 2:20P.M:') Upon motion by Kamper, second by Strain, with all present voting in favor, the minutes of the September 4,17, and 25th, 1973 were approved with the following corrections: On the hearing considering the street improvement project on 2nd St. S. W. between llth Avenue and 16th Avenue, Alderman Ludowese abstained and not Larson as the September 17, 1973 (Page # 1) minutes state. Also, The New Sidewalk Project # 4-1972 (J8419) East side 16th Ave.NW from 2nd St. N.W. to 5th Place N.W.; South side of 5th Place N.W. from 13th Ave. N.W. to 16th Avenue N.W.; West side 13th Ave. N.W. from 5th Place N.W. South to walkway into Kutzky Park; West side Folwell Drive S.W. from 7th Street Southerly thru Lot 3. The following two locations are hereby omitted South side of 5th Place N.W. from 13th Avenue N. W. to 16th Avenue N.W. and the West side of 13th Avenue N.W. from 5th Place N.W. South to walkway into Kutzky Park. Upon motion by Strain, second by Ludowese, and all voting in favor, the Reappoint- ments by Mayor Smekta to the Rochester Housing Board of Appeals of Robert E. Toddie, 1431 First St. N.W. and Dr. Milton W. Anderson 822, Ninth Avenue S.W. and Dr. Malcolm M. Campbell, 723 loth Street S.W.was approved.-Th6=_terms-of office ,expires Apri1,1975. Upon motion by Kamper, second by Ludowese, and all present voting in favor, the Reappointment of --LeRoy- Cook -of . 2220 . E1ton..Hil ls- Drive..to. the . Zoning Board of Appeals was approved. The term of office will expire September,l, 1975. A recommendation from the Committee of the Whole requesting Ordinance 1668 relating to the penalty fee for the late licensing of cats and dogs. The present penalty is $2.50 for the month of July and $5.00 for the remaining period of the licensing year. Upon motion by Kamper, second by Strain with all present voting in favor, the Ordinance 1668, Section 170.030 is hereby amended to.read,requiring a penalty fee of $1.00 / month for each month that the license is not obtained up to a maximum penalty of $5.00, and the City Attorney was instructed to prepare the ordinance amending this penalty. Request for a 3.2 Beer License ( Donald Rockvam ). Applications have been received for 3.2 "off -sale" and "on -sale" licenses for the premises at 322 South Broadway ( Happy Times Bar Property ). This bar would be renamed the "Wood Box Bar". Wishing to be heard was Mr. Donald Rockvam and stated that he would like to remodel this place using a wood decor and would devote all his time to this one place, and would be on the premises all or most of the time to see that this establishment is run correctly. Since Mr. Rockvam,is residing in Eyota, Alderman Larson stated that L 1 1 EA 1 Record of Official Proceedings of the Common Council of the. -City of Rochester, Minn., October 1, 1973 1 u 1 0 1 Owners of bars -"should be City residents. Alderman Kamper stated that the Council has: had problems with this bar in this neighborhood and therefor does not favor the re- opening.: Alderman Ludowese stated that he checked the records and does agree there were a few indicidents when police were called, but no more than any other bar in town,'and'the trouble the police had with the former owner ( Mr. Paul Harberts ) should not be reflected on Mr. Rockvam . Alderman Strain agreed with Alderman Ludowese'and"stated that if the owner is in full control, he should be given a chance. A'motion was made by Ludowese, second by Strain to grant the "off -sale" and"on-sale"•license , All voted in favor, except Aldermen Larson and Kamper who " voted "nay" and the license -was granted. Wishing to be heard was Mr. James Mosley of 3912 19th Avenue1�11N.W. This is in regard -to the -garages of the Broadmoor Apartment project and for the record Mr. Mosley wanted to state that he changed the garages to the middle of the lot so they can'have an alley. Because of lack of publication this last revision was not considered at the Council meeting this evening, but he would have this on the agenda for the next Council meeting and was asking that this be passed or considered then so that no more delay would be had because he wanted to build these garages at that time. President Postier stated that next meeting this would be - considered, bearing correct publication; and a resolution could be passed which would enable -him to start right away. Mr. Mosley was satisfied with this information. Request from the City Administrator for an Auctioneer's license for Mr. Thomas H: Stephenson of Horsham, Pennsylvania for an auctioneer's license and permission to conduct an auction sale of office equipment, office furniture, and small home tools at the Howard Johnson -Motor Lodge on Tuesday, November 6, 1973. Upon motion by Kamper, second by McNary, with all present voting in favor, Alderman Larson and Alderman Strain voting nay, the license was granted. Bids were received for 8 police cars. - six 4-door sedans and two unmarked cars from Adamson -Motors - $28,160.00 with Alternate of Power.>>Windows, & Clement's Chevrolet $27,531.36 with Alternate of Power Windows. Bids were also received for One Hydrostatic Asphalt Distributor, from Rufferidge-Johnson $9,972.00 and Minnesota Tractor Company $10,500.00 $10,500.00 and Borchert -Ingersoll, Inc. $11,163.00 Upon motion by Ludowese, second by McNary, with all present voting in favor, the motion accepting the low bid of Clement's Chevrolet - $26,725.60 ( Without Power Windows ) and transfer $449.00 from the contingency fund of the General fund to the Equipment Revolving Fund to cover the amount of the cars, and the Johnson Equipment Company of Minneapolis, Minnesota in the amount of $9,972.00 for One hydrostatic Asphalt Distributor, Rosco Model RRh-1250 Gallon including installation on chassis provided by City,Kwas approved. C] 1 Record of Official Proceedingsg of the Common Council c of the City of _Rochester, Minn., October 1, 1973 Recommendation from the Personnel Department to grant a maternity leave of absence for Mrs. Jolfine Zimmerman of the Public Library -commencing November 1, 1973. Upon motion by Kamper, second by Strain, with all present voting in favor, the leave of absence was granted. Report of the Decision of the Zoning Board of Appeals to Permit the Construction ofaa new building to be located at 533 North Broadway that will be situated in the area reserved for a future street by official street map No. 3. Mr. Jack Dolan, Traffic Engineer is in the process of contacting different groups on this matter, therefor upon motion by McNary, second by Ludowese, with all present voting in favor, • this matter was tabled until the November 5, 1973 meeting. Recommendation of the Planning and Zoning Commission to consider the Peition to vacate that part of the Alley lying adjacent to and East of Lots 1-7, Inclusive in Block 3 of Flathers Addition. Upon motion by McNary, second by Kamper, with all present voting in favor, Alderman Strain voting nay, and Alderman Larson abstaining, the City Attorney was instructed to prepare a resolution setting the date for public hearing and also to prepare an ordinance vacating the alley. Recommendation from the Public Works -Department that Improvements on 2nd St. S.W. between llth Avenue and 16th Avenue S. W. be made. The hearing was closed, but no action was taken on September 17, 1973. This was delayed because of the federal regulation that project approval be delayed for written comments. During that time one letter was received in.opposition. Upon motion by Kamper, second by McNary, with all present voting in favor, Alderman Ludowese abstaining, the prepared resolution ordering the project was adopted. Recommendation from the Public Works Department that the Proposed Assessments consisting of dewers, watermain, grading and surfacing on 41st St. N.W. from 18th Avenue N. W. to the T.H. 52 frontage road. The total project cost is $180,605.89 and is assessed as follows: Current special assessments - $148,983.54 City's share of -street construction - 22,892.33 Water Department's cost - 8,730.02 TOTAL $180,605.89 Upon motion by Ludowese, second by Strain, with all present voting in favor, the prepared resolution accepting the assessment roll and ordering the assessment hearing for November 5, 1973 was adopted. Recommendation from the Public Works department that the Proposed Assessments on Project 6502-70 Part I (J8261) Part I Allendale Improvements consisting of Sanitary Sewer and Watermain on 27th Street N.W. from 18th Avenue N.W. to East Frontage Road TH # 52 fronting Lots 13-14-15-16 and 17 Allendale Subdivision. The total constuction cost is $60,723.82 of this amount the assessment that is direct is the amount of $40,278.96. Defer a total of $16,138:62 to undeveloped tracts within the City Limits The City Share of this project is $4,306.24. Upon motion by Ludowese, second by Strain, with all present voting in favor, the prepared resolution delcaring costs to be assess- ed and ordering preparation of the assessment roll and the resolution ordering a hearing on the proposed assessment be adopted. The first installment not be payable • until 1975. Record of Official Proceedings of th-b-Coinmori Council of the City of Rochester, Minn., October 1. 1973 611 ri • 1 1 0 1 Recommendation -of the Public Works Department Traffic Division on the Passenger and -Commodity Load Zone on 6th Avenue S. W. Mr. Claude Glatzmaier. requested a zone in front of his new apartment house on 6th Avenue SW. to allow an area to drop passengers off and service vehicles to park. Upon motion by Ludowese, second by Larson, with apppresent voting in favor, the City Attorney was instructed to prepare a resolution establishing a Passenger and Commodity Loading Zone under Section J to read as follows: Sixth Avenue Southwest on the west side of the street 50 feet more or less in front of the premises known as Five Oaks Apartments. " Recommendation from the Public Works Department Traffic Division to Prohibit Parking on 1st Avenue S.E. between 9th and 9k Street. This is a new section of street The roadway has been constructed to 30 feet width to provide one lane of traffic in each direction without parking ( The no parking signs were installed prior to opening the street. Upon motion by Kamper, second by Strain with all present voting in favor, the City Attorney was instructed to prepare a resolution establishing a No Parking Zone under Section B to read as follows: First Avenue Southeast on both sides of the street between 9th Street and 9k Street at all times. Resolution Acceptance of Public Utility Easement on Lands in Section 22, Twp. 107 Range 14, by George C. Henke and Esther C. Henke. Upon motion by Larson, second by Ludowese, with all present voting in favor, the resolution was adopted. Resolution on Approval of Utility Easements granted to the City of Rochester (Kottke, Schlenker, Kohlstedt, Smith , Butturff, Mehaffey and Schroeder). Upon motion by Kamper, second by Strain, with all present voting in favor, the resolution was adopted. Ordinance relating to the Rochester Music Board; amending Rochester Code of Ordinances, Section 29.610 was given its first reading. An Ordinance realting to the Building Code of the City of Rochester and the Issuance of Permits for the Construction of new residences; amending Rochester Code of Ordinances, Section 70.020 as enacted by Ordinance..No. 1690 was given its first reading, A motion was made by Kamper, second by Strain ;)and upon roll -call vote -faith everyone z.voting 'i_n. favor; �the'ruies were- suspended- and- the Ordinance was given its second reading. Upon motion by Larson, second by Strain with all voting in favor, President Postier declared the said ordinance duly passed and adopted. An -Ordinance Rezoning Certain property, creating a Planned Unit Development District known as PUD-R-9 and amending Ordinance No. 1659, known as the Zoning Ordinance of the City of Rochester, Minnesota was given its second reading. A motion was made by Larson, second by Kamper with all voting in favor, President Postier declared the said ordinance duly passed and adopted. Resolution on the Approval of Plans and Specifications and approval of contract for construction of Improvements in Sunrise Estates Second Subdivision; contract between. the City and Ray J. Arends. ( the plans_and-specifications are prepared by Yaggy Associates 0 d 612 Record of Official Proceedings of tlie' "Common :Council of the City of Rochester, Minn., October 1, 1973 0 Inc. entitled "Street grading and Surfacing, Sanitary Sewer Mains, Storm Sewer Mains, Water Mains and Service Connections stubbed into the Boulevard in Replat No. 1 of Sunrise Estates Second Subdivision. The Mayor and City Clerk are authorized and directed -to execute a contract with Ray.J. Arend -and Mary T. Arend forAhe construction of said improvements. Upon motion by Kamper, second by Ludowese, with all in favor, the resolution was adopted. Resolution on Approval of License Agreement between the City of Rochester and Chicago and Northwestern Transportation Company, Covering the Storm Sewer under Third Street Southeast. The Mayor and City Clerk are authorized and directed to sign said license agreement on behalf of the City of Rochester. Upon motion by Ludowese, second by Larson, with all present:voting in favor, the resolution was adopted. Resolution for Approval -of a contract with Crescent Electric Supply Company for Electrical Equipment in the Amount of $1,018,105.00 for the Public Utility Department. Upon motion by Larson, second by Strain, with all present voting in favor, the resolution was adopted. An Ordinance Annexing tb the City of Rochester, Minnesota, certain unplatted land not exceeding 200 acres in area situation in Section 15, Township 107 North, Range 14 West Olmsted County, Minnesota was given its first reading. (Pennington Property). An Ordinance Amending Ordinance No.1466 , as amended, entitled "An Ordinance Establishing within the City of Rochester An Urban Service District and a Rural Service District as separate Taxing Districts." ( Pennington Property :) was given its first reading, The meeting was hereby recessed until 4:00. The meeting reconveined at 4:00 for the purpose of awarding the Safe Driver pins to our City Employees. 234 employees received these awards which were presented to the employees by Mayor Alex Smekta. Upon motion by Ludowese, second by Larson with all present voting in favor, the meeting was adjourned until 7:30 P.M. President Postier called the meeting to order again at 7:30 P.M., the following members being present: President Postier, Aldermen Kamper, Larson, Ludowese, McNary, Strain, Absent: Powers. Hearing on the Sanitary Sewer to Recreation Center and Other lands in the Ek Section 26-107-14, east of T.A. 63 North. The total cost of this project is estimated to be $33,600, of which approximately 2/3 would be currently assessed to City property ( Recreation Center ). The benefitting lands lying north of the North line of SEk Section 26-107-14, plus City owned land in Outlots 8 and 9, Northern Addition lying South of Elton Hills Drive, be assessed on a deferred basis. Having no one present that wished to be heard, President Postier closed the hearing. Upon motion by Ludowese, second by Kamper, with all present voting in favor, the prepared resolution -ordering the improvement was adopted. 1 1 • 1 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., October 1. 1973 613 1 1 1 r� U 1 Hearing on the Petition to Change the Zoning Districting on Property located at 1001 1st Avenue S. E. from the M-lFF District,to the B-3FF District ( Rochester Chick Hatchery ). Wishing `to. be heard was Dale, Ruud of 21 10k Street S. E. and stated that discussions were held in the neighborhood about the change of the zone and stated that it would increase traffic and that the intent of the zoning ordinance was to protect the use of property . He got up the peition and had signatures from 3rd Avenue to Broadway 9h Street to 12th Street and almost everyone was against this zone change. This is a residential neighborhood and thinks it should stay that way. Mr. Ray Hasley was present and wished to be heard. Mr. Hasley stated that in getting this zone change, they would use the building to store furniture such as a furniture barn, he stated it would not create more traffic because not every- one is going to be coming and going from a furniture store and that he thinks. -the reason people were against the zone was because they had a rumor that a beer garden was going to be put in, Mr. Hasley stated that he did not know how this rumor was started. Wishing to be heard was Mr. Dan Riess of 228 10k Street S. E. He stated that the peition was not signed under false pretenses and that he disagrees with the spaces provided for parking. He stated all the parking would have to be on the street and employees would park on street and said the people do not want the furniture barn. Wishing to be heard was Mike Mathias of 851 West Center Street and stated that the future furniture barn would not create any more traffic problems then present, because not that many would be looking at furniture at one time. Wishing to be heard was Frank Dearing of 226 loth Street S. E. and stated that'the City spent a lot of money putting a street by the 7-up bottling company for emergency purposes such as fire,:tTucks etc. and the traffic would become a hazard for these vehicles. He stated that lots of businesses are located nearby and why would the residents want a change. He suggested that perhaps another location that is zoned correctly for the business intent would be found. Wishing to be heard was Ken Christ of 106 10k Street S. E. and stated that the Zoning Board denied the'zone change, and that a furniture barn would sell furniture at a discount, and would create more traffic then an average furniture store. Wishing to be heard was Mrs. Ddane Mewhorter of 107 10k Street S.E. and was worried about the children in the area playing in the streets theystreets are really narrow and the traffic would be heavy and.stated it is a place to go noplace. Mr. Ruud then asked Mr. Thomas Moore, Planning Director about use permits"in the M-1 Zone . Mr. Ray Hasley of the Rochester Chick Hatchery stated that parking cars would be no problem has the lot on the north end'that is empth and land on the south.end. Mr. Duane Mewhorter,-c1OTA0'k.•Street S.E. stated that parking would be a problem that the east side of.lst Avenue is a public street right-of-way and cannot be counted as off street parking. 0 614 Record of Official Proceedings of the Common Council of . the City of Rochester, Minn., October 1, 1973 Mr.Thomas Moore stated that if the area were to be re -zoned, the building in question would have to have a 25' set -back which would cut back on the parking room also. Mr. Ruud stated that if this zone to B-3, would the Furniture barn have to have room for parking. Mr. Hasley stated that they have room for approximately 301,I50 cars. Having no one else present that wished to be heard, President-Postier declared the hearing officially closed. Upon motion by Strain, second by Kamper , Strain stating that he made the motion to deny'the zone change because the area is zoned industrial and the streets are not good enough , parking is a problem and the petition against this is what the feelings of the people are. He thinks this is wise to accept the decision of the Planning Commission and that the furniture barn could re -locate to Wells or Boutelle's. Alderman Ludowese stated that he is for granting the zone change, the reason the Planning And Zoning Commission denied this was because of the feelings of the people. Ray Hasley then withdrew the request. He further stated that K Mart, Shoe Store and Pizza place etc, are B-3 and he feels that this pertains to B-3 also. He feels that traffic would not become a problem,;9th Street S. E. gives access to 3rd Avenue S. E. and cars would go to the traffic light and this is a natural extension of what ever exists from the furniture barn as far as traffic is concerned. Alderman Strain said "True, B-3 to the North but the surrounding area is R zoned and surrounds M-1 area and that the high volume of traffic that a B-3 zone would create a detriment to the people living there. Upon this discussion, All present voting in favor of denial except Alderman Ludowese voted nay, the the motion for denying the peition was carried. Hearing on the Application for Approval of the Final Plat of "19 Norwest". Mr. William Dickie of Tonkawood was present for any questions . Having no one else wishing to be heard , President Postier declared the hearing officially closed. Upon motion by McNary, second by Larson, with all.present voting in favor, to approNe the prepared resolution subject to blanket easements and condominium documents that are to come in. A Motion by McNary, second by Strain, and passed unanimously , that the semi-monthly bills, list attached, be gpproved in the amount of $299,929.16. Ordinance relating to the Building Code of the City of Rochester and the Issuance of Permits for the Construction of new residences; amending Rochester Code of Ordinances , Section 70.020 as Enacted by Ordinance No. 1690 to read as follows: No permit shall be issued for the construction of a new.building to be used for residential purposes until such time as the rough grading of public streets providing access thereto has been completed, and street surfacing, sewer and water construction in connection therewith is completed or under contract. An exception to this provision may be allowed upon.approval by the City engineer when the owner certifies that the residential building for which a permit is southt is to be used as a model for display purposes. was given its first reading. Resolution approval of contract amendment No. 1 to the Contract with Westinghouse Electric Corporation for a Gas Turbine Plant for the Public Utility Board, to increase the Price of the Contract. The original contract price is $2,422,855.00, the amended 1 U 1 1 U 1 price is $2,435,275.00. Upon motion by Larson, second by Strain, with all voting in 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., October 1, 1973 615 1 • 1 1 favor, the resolution was adopted. _ An Ordinance Annexing to the City of Rochester, Minnesota, certain plattdd�'- land in Toogood Subdivision, Rochester Township, Olmsted County, Minnesota (Juhl Property) was given its first reading. An Ordinance regulating the Business of Trimming, caring and maintaining trees on public Property and right-of-way; providing for the issuance of Licenses; Imposing penalties for Violations thereof; amending Rochester Code of Ordinances by Adding Sections 190,010,190.020, 190.030*and 190.040. was given its first reading. Having no further business, the meeting was adjourned until 5:00 P.M. on October 9, 1973 upon motion by Ludowese, second by Larson with all voting in favor. City Clerk Information - October 1, 1973 1. Minutes of the Standing Committee - September 24, 1973 2. Letter from MPCA to Libby, McNeil, Libby 3. Referred to the Planning and Zoning: a. application for a variance at 409 6th Street S. W.(Rodney.Younge) b. petition to vacate a partion of 16th Street S.W. ( Apache Realty Fund) 0