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HomeMy WebLinkAbout10-15-1973Record of Official Proceedings of the -Common Council of the City of Rochester, Minn., October 15, 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 October 15, 1973. 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 Ludowese, second by Powers with all voting in favor, the minutes of the October 1st and October 9th meeting were approved with the correction eliminating the Ordinance relating to the Building Code of the City of Rochester and 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 sought is to be used as a model for display purposes, was given its first reading. This Ordinance was typed in the minutes and earlier in the meeting was given its second reading by suspending the rules and was adopted. Consequently, the second time this was typed in the Minutes of October stating that this was the first reading should be eliminated. Hearing on Proposed assessment for new sidewalk project # 2-1972 (J8417) on both sides 5th Ave. N. W. from Elton Hills Drive to Zumbro Dr. N. W.; Both sides 6th Avenue N.W. from Elton Hills Dr. N. W. to 26th St. N.W.; Both sides 26th St. N.W. without sidewalk from Zumbro Dr. N.W. to 4th Avenue N.W.; West side 4th Ave. N.W. without walk from Elton Hills Dr. N.W. to Zumbro Dr.-N.W.; South side Zumbro Dr. N.W. from 4th Avenue N. W. to 5th Avenue N. W. Amount to be assessed $26,040.16 and the City Share is $2,288.17. Having no one present that wished to be heard, President Postier declared the hearing officially closed. A motion was made by Powers, second by Ludowese and the Ptep•ared Resolution ordering the assessment to be made was adopted. All present voted in favor. Hearing on Proposed assessment for new sidewalk project # 4-1972 (8419) on the East side 16th Avenue N. W. from 2nd St. N. W. to 5th Place N.W.; West side-Folwell Drive S. W. from 7th St. S. W.southerly thru Lot 3, Block 1 in Folwell Heights 4th. Amount to be assessed $;`<_,9,060 J8_and the City Share is $1,161.65. Having no one 1present that wished to be heard, President Postier declared the hearing officially Iclosed. A motion was made by McNary, second by Strain with all in favor voting "aye" and Ahe resolution ordering the assessment to be made was adopted. 1 L� C 1 0 i� • Record of Official Proceedings of the`Corriinori' Council of- the City of Rochester, Minn., October 15, 1973 619, 1 • 1 Hearing on Proposed Assessment for new sidewalk project # 5-1972 (J8420) on the South side 9th St. S. W. from 7th Avenue S-. W. East to sidewalk in place; North side of llth St. S. W. from loth St. S. W. Northerly to sidewalk in place on 6th Avenue S.W.; North side loth St. S. W. without walk from llth St-.'S. W. to walk in place on 8th Avenue S.W.; Both sides 8th Ave. S.W. from llth St. S. W. North to sidewalk in place. Amount to be assessed -is $5,238.78 and the City Share $3,321.35. Having no one present that wished to be heard, President Postier declared the hearing officially closed. A motion was made by Kamper, second by Larson, with all present voting in favor, and the prepared resolution ordering the assessment to be made was adopted. Hearing on Proposed Assessment for new sidewalk project # 6-1972 (J8421) South side Northern Heights Drive N.E. from 21st StreetN.E. to East City limits; North side 19th StreetN.E. from Northern Heights Dr. NE.South and East through lot opposite Teton Lane N.E. and East side 1st Avenue N.E. from 16th St. N.E. South to sidewalk in place. Amount to be assessed is $11,639.46, with the City share to be $605.08. Having no one present that wished to be heard, President Postier declared the hearing officially closed, A motion was made by Ludowese and second by Powers, with all present voting in favor, and the prepared resolution ordering the assessment to be made was adopted. Hearing on the Petition to Vacate the East 141'Feet of Alley adjoining Lots'1, 2, 3 and 4, M.A. Aries Subdivision Lying between 6th Avenue S. E. and 7th Avenue S.E. Just South of East Center Street. Wishing to be heard was Lester Duncanson of 12 6th Ave. S. E. and wondered if the alley would be blocked off, they are on the west end of this alley . President Postier stated that 1/2 the alley would be blocked, and the other half would be kept open subject to turnaround for snow plows and other maintenance vehicles. Mr. Armstrong stated that this alley would be maintained, and the street light would be kept. Mr. Duncanson also stated that he would like to know when this project would begin. Mr'..Sp61cir'1Iuff of Weichselbaum & Associates, Inc. stated that the project would be started this fall, -but no later then the spring of 1974. Having no one else present that wished to be heard, President Postier declared the hearing officially closed. A motion was made by Powers, second by Kamper, with all present voting in favor, instructing the City Attorney to prepare a resolution vacating the alley subject to providing the turnaround and utility easement. Hearing on a petition to vacate the North -South Utility Easement Lying between Lots 12 and 13, Northwood 3rd Addition. Havingnoone present that wished to be heard, President Postier declared the hearing officially closed. A motion by NcNary, second by Kamper, with all present voting in favor, the City Attorney was instructed to prepare the resolution that can be adopted. - Hearing on the application for approval of the Planned Unit Development ( Final Plan) for Rochester Methodist Hospital. Having no one present that wished to be heard; President Postier declared the hearing officially closed. Upon motion by Powers, second by Strain, with all present voting in favor, the City Attorney was instructed to prepare 0 11 a resolution and ordinance for adoption. 620 . T Record of Official Proceedings of the " Commo_ n Council of. the City of. Rochester, Minn., -October. 15, 1973 • Hearing on the application for approval of the Planned Unit Development (Revised Final Plan) of Broadmoor Apartments, Phase I. Wishing to be heard was Dr. Bruce Waller of Broadmoor Apartments and stated that garages were promised the residents since March 1973. -As of this date, they are still not up, and he wanted to know when they would be put up.- Mr. Jim Mosley of Broadmoor Apartments stated that the garages are included in this phase and woul&-.be constructed shortly. Mr. Dennis Sandbik also wished to be heard and stated the garages were partly under construction now, and if the Final Plan Phase I has not been passed, how come the garages were partly built. Mr. Jim Mosley stated that they had made an error and the garages were started, but as soon as they realized they did not have official authority to build these garages, they ceased building them, but assured him that the garages would be started again if this Final Revised Plan was passed by the Council -this evening•. Having no one else that wished to be.heard, President Postier officiallq declared the hearing closed. A motion was made by Powers, second by Ludowese with all present voting in favor to adopt the.prepared::resolut-ion. Hearing on the application for approval of the Final Plat of Rochester Villas. Wishing to be heard was Mr. Russell Boraas, Attorney representing Property Development and. Research Company and stated that he,was present in the event that anyone had questions. After a discussion , a motion was made by Strain, second by Kamper with all present voting in favor, the'prepared resolution .was,adopted-subject to the following-.itemst�' Subject to giving a utility and telephone easement. Subject to the engineer's letter renaming 16th St. to 17th St. and that the triangular parcel of land between the east boundary of the plat:and the centerline of U.S. 52 that is owned by the subdivider, as indicated by his :title. opinion, but is not included in the plat would be subject to a Quit Claim deed to the City and School. Mr. Boraas also J - stated that he received a call from Mr. Loftsgarden and the HUD office requested a letter or information on the progress of the Sanitary Sewer and Watermains to the Rochester -Villas. This was referred to Mr. Armstrong, City Engineer to compose a letter stating his intentions of procedure. - Appointment of Mr. Darrell Strain as City Representative to Region-10 Development Commission was made upon motion by Larson. second by Powers with all present voting in favor, and the City Attorney -was instructed to prepares -a resolution approving this appointment to be.adopted. Recommendation from the City Administrator on the Application for On -Sale Liquor License ( Ground Round Restaurant ) Mr. Robert W. Sabes of 12500 Bdarwood Court, Minnetonka, Minnesota applied for an on -sale intoxicating liquor license. Mrs. Carol Kamper stated that she wap jn;favor of granting the license, that this is a restaurant with a family atmosphere and the location is good. It is=also _a: good place. forcyoung: adults 'to -- I • FJ I- 0 1 0 Record of Official Proceedings of the Common Council 62_t of the City of Rochester, Minn., October 15, 1973 1 u 1 i 1 James McNary stated that we --would not be receiving any more liquor'=.licenses until the next census count in 19J.6, consequently we have two left; and he feels that we should save them for the bigger hotels or restaurants etc. He stied that "serving meals in a basket" is not what the Council had in mind.Mr.*-Milton Rosenblad;spoke=:for Mr. Robert Sabes of Minnetonka who -plans to remodel the Howard Johnson Restaurant of Crossroads stated that the Crossroads -:businessmen are in favor of the•;facility and stated that the remodeling planned represents a $50,000 to $80,000. improvement to an existing marginal business. He further stated that Rochester does need a place where you don't have to spend $7.00 for a dinner in order to have a drink. He also mentioned "how many more new hotels can the City take" ? Alderman McNary said Rochester should not revert to the position of forcing some future hotel or restaurant into "buying a lot of blue sky" in order to -get a liquor license. A.*-motion,�was made by Larson tovTDeny 'the-?licens'e, this was second by Mcldary9 with all`vo'ting ri`Yfavor : ;Alderman-Kamper voting nay, the license was denied. Request from'�L•ysne='Construction J.hc.to move a house and garage at 1606 East Center St. ( State Hospital House ), out of the City Limits over the following route: South to 4th St..S. E. , West to 3rd Avenue S. E., South to 16th Street S. E.; West to Bamber Valley Road and out of the City. Upon motion by Strain, second by Powers, with all present voting in favor, the request was granted subject to approval by the Rochester Police Department. -Request of the Early -Riser's Exchange Club of Rochester'to sponsor a walk-a- thon for the benefit of the Bethany Smaritan Nursing.Home. This walk is to be held October 27, 1973 for a total of 20 miles through the City of Rochester. Upon motion by Powers, second by Kamper, with all pesent voting in favor, the request was granted. Request for a Parade Pemit from the Rochester Shrine Club for Saturday, November 10,- 1973 in -Rochester, Minnesota. The parade froms at 2:00'P.M. at the Mayo Civic Auditorium and begins at 2:30 P.M. The parade route would proceed West on -Center Street to First Ave. S. W., then South on First Ave. to 6th St. S.W., then East to Broadway, and then North on Broadway to Second St. S. E. and then East on 2nd St. -to the Auditorium. Upon motion by Strain, second by Larson, with all voting in favor, the request was granted subject to approval of the Rochester Police Department. Request for a Dance Permit (.Jobs Daughters) of Bethel #-13 of Rochester to be held at the Rochester Armory, Saturday, November 17, 1973. The Police Department has reveiwed and approved this application, Upon motion by Kamper, second by -Powers, with all Oresent voting in favor, the request was granted: Recommendation from the Aiuport Commission on the following items: 1. Change order on Sanitary Sewer contract reducing the original contract price of $46,521 by $5,500. ( Minn. Project No. 5501-31). 2. Final acceptance of High Intensity Lighting Project (5501-30), and final payment for construction of $2,397 and engineering services to K.M: McGhie in the amount of $111.29, and audkidzing the Finance Dir.-to certify payment of Engineering.=:$ervr-4s.. 622 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., October- 15, 1973 • 3. First Payment on the-Airport'master plan study to R.'Dixon Speas in the amount of $11,816, and auttP_rizLng the Finance Director to apply for a Planning Grant Payment with FAA. Upon motion by Powers,.second by Strain, with all present voting in favor, the items were approved. Report of the City Administrator on Surveyors Certificates. In recent months, a number,of remodeling projects in the downtown business district, which includes refacing the store fronts have been made or are in the process of being done. A revocable permit needs to be granted by the Common Council before the project can proceed. Several object- ions have been.received for the surveyor's certificate.. This certificate is needed for new construction as well as for structutal alterations on existing buildings. Richmond Bootery is contemplating a new front'of the building on South Broadway and would need a certificate of Survey.and a revocable permit. A letter was also received from Richard Hanson for the remodeling of the Williams -Building that they'are in the process of restoring some of the buildings between Broadway and 1st Avenue S. W. on 3rd St. S.W. and would need these permits also. Upon motion by Powers, second by Ludowese with all voting in favor to issue a revocable permits to.-Richmond-Bootery and the Williams Building and the entire area Third,SStreet=-from,,-Broadway to 1st Avenue.S.W. and also have the City Administrator come up with a recommendation to streamline this problem so that if a store owner wants to remodel his store he would not have to apply for these permits and surveys. Request to Advertise for Bids for Rock Salt for furnishing the year's supply for the Street and Alley Department. The bids to be -opened at 11:30 A.M., October 29, 1973 and considered by tte Council at 2:00 P.I. November 5, 1973. Upon motion by Ludowese, second by Larson, with'all present voting in favor, the request was granted. A motion was made by Strain, second by Powers, and all voting in favor, the semi-monthly bills, list attached in the amount of $214,052.38 be approved. Recommendation from the Planning Department on the Application for Approval of the Preliminary Plat of Fullerton's First Subdivision: •A discussion was held by the Council on the future extension of 6th St. S. E. Approval of this plat would have allowed expansion of Fullerton Lumber Co., 106.5th St. S. E. onto right-of-way necessary to the street extension. Alderman Paul Ludowese stated that the City of Rochester doesn't need another east -west thoroughfare and the City can't afford to tie up money to buy the Fullerton Property and p©ssibly two or three homes in the area for the street project. Alderman Strain stated that we don't buy all the Fullerton poperty, justthe right -of way. President Postier contended the flood program is at least nine years away and the street probably wouldn't be built for another five years after that: He stated he couldn't favor tying up city funds for nearly 20 years. Alderman McNary stated it would be tougher to buy out a business 10 years from now. Alderman Ludowese wondered why so many Councils in the past never saw the need for extension of 6th Street. Strain stated that the traffic problem was not as great as present. Alderman Larson contended 1 • 1 1 • the City should make provision for the extension of 6th Street even though it may be E Record of Official Proceedings of the Common Council of the City of Rochester, Minn., October 15, 1973 623 1 CJ 1 • 1 10 or 15 years from now.'It could be considered as an investment. A motion was made by Ludowese, second by Kamper to approve the Fullerton Plat. Upon roll call vote, Aldermen Kamper-, Ludowese and President Postier voted "aye" and Aldermen Larson, McNary, Powers and Strain voted nay, and the Plat was not approved. Alderman Larson then moved to have the right-of-way placed on the official street map and was second by Powers and all present voting in favor with Aldermen Kamper and Ludowese,voting nay. This is now -placed on the official Street map. Bids were received and opened on October 10, 1973 on Sanitary Sewer to Serve the Community Recreation Center and,other Lands in the East k Section 26-107-14 East of T.H. No.•63 North. Bids wer'e_received•from Littrup Nielson, Inc. $48,724.00 Fraser Construction Company $43,476.00. The Engineer's Estimate was $27,999.00. Mr. Archie Armstrong, City Engineer stated that the Engineer's Eaimate was low and recommended that the low bid of Fraser Construction Company in the amount of $43,476.00-be-accepted.' Upon motion by Ludowese, second by Powers, with all voting in favor, the bid of Fraser Construction -Company $43,476.00 was officially accepted. Recommendation of the Public Works, Traffic Department to prohibit parking on the north side of 4th Street S.W. between 2nd and 3rd Avenue. Upon motion by Strain, second by Kamper, with all present voting in favor to adopt a prepared resolution covering the following: A. Establish a No Parking Zone under Section B_to read: Fourth Street Southwest on the north side of the • street between Second Avenue and Third Avenue At all times. 2. Amend Subsection (12) under Section I Parking Meters, Zone F (3 hrs.) to read: Fourth Street Southwest on the south side between Second Avenue and the alley. Resolution on approval of Public Street Easement granted by the Mayo Foundation, for llth Avenue S. E. Street Project, Dated October 5, 1973, and Request to have Easement Recorded. ( llth St. S.E.). Upon motion by McNary, second by Ludowese, and all voting in favor, the resolution was adopted. Resolution on Acceptance of Easement for Sanitary Sewer and Watermain purposes granted by George A. Baihly and Manion K. Baihly and LAD Corporation dated October 3, 1973, covering land in Green Meadows Subdivision. Upon motion by Kamper, second by Strain, and all voting in favor the resolution was adopted. C1 624 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., October 15, 1973 • Resolution on.Public Sidewalk Easement granted to the City of Rochester by David C. Marsh and Theresa A. Marsh, dated September,25, 1973 covering.land across Lot 15, Auditor's Plat A..:.Upon motion by McNary, second by Powers, with -all voting: - in favor, the.resolution.was adopted. Resolution on Approval of Plans and Specifications for Watermain Extension in Viking Village Subdivision and copy of contract between the City of Rochester and. Metro -Development Corporation. Upon motion.by-Kamper, second by Powers, with all present voting in favor, the resolution was adopted. An Ordinance relating to the Licensing of Dogs and Cats, and License Fees; amending Rochester Code of Ordinances, Section 170.040, and -Repelling Section 170.030 as amended by Ordinance No.1668, was given its first reading.. Resolution on Hearing set for Vacation of Public Utility Easement in Lots 12 and 13, Northwood Third Addition for October 15,.1973.Maldanodo Property. Upon.motion by Powers, second by McNary, with all voting in favor, the resolution was adopted.., Resolution on Vacation of a portion of Columbia Court N. E., Northwood Third Addition in the City of.Rochester, ( Maldanodo Property ). Upon motion by Larson,. second by McNary, with all present voting in favor, the resolution was adopted. Resolution -on approval of final -plan of Planned Unit Development for Methodist Hospital to be known as "PUD-I-10 Planned.Unit Development -Institutional" Upon motion by Larson, second by Kamper, with all voting in favor, the resolution was adopted. An Ordinance Rezoning certain property, creating a Planned Unit Development District known as PUD-I-10 Planned Unit Development and Amending Ordinance No. 1659 Known as the Zoning Ordinance of the City of Rochester, Minnesota was given its first reading. Resolution Fixing Form and Details and Providing for the Payment of $750,000.00 Gross Revenue Recreation System Bonds. Upon motion by Ludowese and second by Kamper, with a113 present voting in favor, the resolution was adopted. Resolution Fixing the form and details and providing for the payment of $1,150,000. General Obligation Recreation System Bonds. Upon motion by Ludowese, second by Powers, with all present voting in favor, the resolution was adopted. Resolution on the approval of Public Utility Board Resolution for 1-1500 KVA Pad Mounted Transformer from Crescent Electric Supply Company in the amount of $7,881.00. Upon motion by Larson, second by McNary, with all present voting in favor, the resolution was adopted. Resolution for approval of Public Utility Board Resolution for 1-2500 KVA Pad Mounted transformer in the amount of $8,920.00 from Burmeister Electric Company. Upon motion by Powers, second by Larson, with all present voting in favor, the resolution was adopted. 1 • 1 w 1 0 62 Record of Official Proceedings of the Common Council of the City .of Rochester, Minn., October 15, 1973 1 • 1 • 1 Resolution for the approval of Resolution passed by the Public Utility Board on October 9, 1973, authorizing a purchase order contract with Westinghouse Electric Supply Company for 1 KVA Pad Mounted Transformer in the amount of $4,646.00. Upon motion by Larson, second by Strain, with all present voting in favor, the resolution was adopted. Mr. Gerald Swanson, City Attorney stated that an agreement was submitted by Mattson between the City, Apache Realty Fund and the County for the relocation of 16th Street. The City's obligation is the reduction of width of 16th St. S. W. from 100 feet to 80 feet. Mr. Swanson asked Mr. Archie Armstrong, City Engineer if he knew what was happening and Mr. Armstrong stated that he never got any information on this', and could not recommend anything. Upon motion by Larson, second by Ludowese, with all present voting in favor, Mr. Armstrong was to get more information and present this to the Committee of the Whole for further -study. Tabled Item on the Petition to vacate Part of 37th St. N.W. This item has been referred to the Committee of the Whole. The Committee recommended that a hearing for the vacation be established, subject to background information relating to the financial transactions on the original dedications for 37th St. A motion was made by Kamper and second by Powers to remove this item from the table: All present voted in favor. A motion was made by Powers, second by Ludowese and all present voting in favor, Alderman.Larson abstained, to accept the Planning and Zoning Department's recommendation to vacate that part of the south 50 feet of 37th Street N. W. that lies north of and adjacent to lots 19 and 20, Block l and Outlot 1,.Rolling.Greens.4th Addition, and the City Attorney was instructed to.prepare a resolution for adoption: Having no further business, the meeting was adjourned upon a motion by Ludowese and second by Larson, with all present voting in favor. City Clerk Information: October 15, 1973. 1. Minutes of the Standing Committee - October 9, 1973. 2. Letter from Rochester Township RE: Lot 44A, North Sunny Slopes (Referred to Committee of the Whole) 3. Notice of Claim for Injury - Rodney Jacobson ( Referred to Attorney,Police) 4. Claim for Damage - Michael J. Barge ( Referred to Attorney, Insurance and Public Works.) 5. Letter from Louis E. Prickman Re: one-way streets. 6. Referred to Planning and Zoning. a. Preliminary Plat of a Replat of Parts of Lot 5, Block 2, DeWitt Subd. b. Final Plat of Rochester Villas.