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Record of Official Proceedings of the "C6riiin6n` Council
of the City of .Rochester, Minn., December 12, 1973
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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 December 12, 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, (Arriv-
ed at-.8:30 P.M. ) and Strain. Absent: None.
Upon motion by Kamper, second by Strain, the minutes of November 19, November
26, and December 3, 1973 were approved with all voting in favor.
Hearing on Proposed Assessments for Improvements on 3rd Avenue S. E. from
16th Street S. E. to T.H. 63 South. Having no one present that wished to be heard, a
motion was made by Powers, second by Ludowese with all present voting in favor to
continue this hearing until January 7, 1974.
Hearing on the Proposed Assessments for Improvements on 16th St. S. E. bet-
ween 3rd Avenue S. E. and T.H. 63. Having no one present that wished to be heard,
a motion was made by Strain, second by-Kamper, with all present voting in favor to
continue this hearing until January 7, 1974.
Hearing 'on Proposed Assessments for Improvements on 19th Street N. W. adjacent
Valhalla 4th and Indian Heights 3rd Subd. Mr. Kenneth Weistrand was present and was
representing Valhalla Park Lot 8, Block 4 Buildings 9 & 10 and Metro Development
Lots 11 , 12, and 13. Mr. Weestrand presented plats of the.improvements that are
already in and are benefitting the.property. These were put in and hooked up to
the Valhalla complex and now they are being billed for the same improvements put
in on 19th Street N.W. Mr. Weestrand stated that he thoughtthis was all paid for.
The garages were built on 19th Street N. W. and in no way can they benefit from.the
improvements on 19th, it is up a hill too. Only the street improvement can be of a little
benefit to them. Lot 8-doesn't even have an access to the property from the 19th St.
N.W. side. He stated that the total footage to be assessed was stated to be 3;080 ft,
he believes that only 960 feet should be, and that would be 29% of the total footage,
consequently, the total assessment is approximately $44,000, and 29% of that..total.is
$12,761.00 which he thinks is fair. Then on the deferred Assessment of '$3,179._making a
total of ;�approx. $15,000 which is approximately 1/2 the amount of what is proposed
to be assessed against these lots. Mr. Archie Armstrong, City Engineer stated some
of the reasons why these lots were assessed in this manner. The work under consideration
is the complete construction of 19th St. N. W. along the South boundry of Valhalla
property Anil the north boundry property on the South side of the street and the work
involved is the grading and storm sewer ( the main is for a catch basin ) and was
included in the road construction as this is an element rather than a trunk line sewer.
so this is based on 1. Street construction including drainage; 2. Watermain, and
3. Sanitary sewer installation. The -assessments according to the policy and upon
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Record of Official Proceedings of the Common Council 651
of the City of Rochester, Minn., December 12, 1973-
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direction by the Council at the time the original assessments for the inside
work was made that this property should be assessed for watermain when it was
built along the South side but the owners were told that they would not be assessed
for more for the sanitary sewer on 19th Street this was a statement made when
the original assessments were let, but the assessments now are for a watermain, which''
is customary and which was stated years ago. We are assessing them for street
construction at the same rate that all other property owners are assessed along the
street except that there are no assessments for Valhalla along the North side along
this stretch because of the circumstances and geographic lay of the land. ( a bank
of land is on the side and the land is 10-15 feet below the street ) but he feels
that Lots 8-9-10-11 and 12 abutts this and driveways are taken off this street.
The question of being served by sewer and water from the middle of the block is
correct, that however does not.mean that the City does not have to build this on
19th Street, to serve other properties and have the additional service to this
property ( Metro Development ) If he were to say that the apartment complex would
not have to bear any assessments along the one side, it would mean that ina block
a complex could hook up on one street only, thus leaving the other three sides
without any benefits, and the property owners on the other sides of these streets
would have no benefits at all. Mr. Armstrong stated that this is general policy and
the owners knew and was stated to the owners at the time that this was put into thee
middle of the property.
Wishing to be heard was Mr. Lloyd Reese of 521 19th Street N. W. speaking of
Lot 9, Block 4,. Valhalla 4t4, representing resident owners of Valhalla 9 Association
and stated that it was an understanding that they were hooked up to water and
Sanitary Sewer and they don't want to pay for them again. He stated that on Lot
1 and 14 on Block 5 not being assessed because of a bank, well he stated that Block-
4 has the same type of bank. He strongly objects to this assessment:.„
Wishing to be heard was Mr. Ronald Miller of 521 19th St. N.W. lives in Lot 9,
Block 4, and stated that when he moved in, they had water, curb, sewer, and there
were no assessments against the property, he wonders about the policy when all the
benefits were in and now they are being assessed for more.
Wishing to be;)heard was Kenneth Derbenwick of 521 19th St. N. W. and stated that
he questions the use of the property he states that the parking lot allows them
full access to 19th St. and at the present time Lots 11,12 and 13 are up a hill,
and have no parking or aren't even developed , thus this would present a problem
like the oths• side of the road - Block 5 which was not much use to the residents.
he agrees with thecthers that they have water supply already and this new benefit
would be of no value to them.
Wishing to be heard was Jack Foley of 1126 Elton Hillb Drive who owns a condominium
in Lot 9, Block 4 and stated that this.is absolutely no benefit to his property
and that the houses to the West and South have water and sewer and it would seem
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Record of Official Proceedings of the-Cominon Council
of the City of Rochester, Minn., December 12, 1973
that a double payment. He sees no benefit from this improvement.
Wishing4:to be heard was Robert Dashow of 401 llth Avenue N. W. he objects most
strenuously to this assessmentV States that if the rule applies to Lots 8-14 on
Block 4, the same should be:;iassessed to Lots 1-14, Block 5.
President Postier stated that a lot of people asked questions and a lot of questions
needed answers, therefore, since the hearing will be continued until Jan. 7, 1974
they should compile a list of questions and complaints and present them at this meet-
ing.
Wishing to be heard was Bill Bendt from building 10 and stated that when they purchased
the property and the assessments were paid, he objects to paying for them again._
President Postier stated that the developer was aware that these assessments were
coming.
Wishing to be heard was Mr. Mel Pollish of 535 19th St. N. W., representing building
10 of Block 4 and he stated that they were against these assessments. They already
had sewer, water from the hook-up on Elton Hills. He states that the street grading
and surfacing on 19th St. N.W. would benefit them and they don't feel this is out
of line to pay for, but they do object to the remaining assessments.
Mr. Kenneth Weestrarid spoke again and stated that he feels this has been assessed
inaccurate and storm sewer assessments should only go to the land that drains into
it. He does not object to street grading and surfacing charges. He thinks that they .
should not be charged in access of $10.91 per front foot.
Mr. Gene Radke of 711 19th St. N. W. wished to be heard and asked Mr. Armstrong how
the rate was determined and calculated for each plece of property. Mr. Armstrong
answered hi-s ; questions.--
Wishing to be heard was Mr. Louis Bennett of 840 19th St. N. W. and stated that
improvements did not go through hisproperty and he was assessed for the project
as though it had gone all the way through his property, and he objected to this.
Mr. Armstrong stated that Mr. Bennett had full benefit of .the improvements, and
the City did not have to put this watermain and sewer all the way because it .would
not benefit anyone by going a few feet further to the end of Mr. Bennetts property.
This would only increase the cost and would benefit noone, but Mr. Bennett was*
getting full benefits, thus he was assessed accordingly.
Having no one else that wished to be heard, a motion was made by Ludowese, second
by Powers, with all present voting in favor to continue this hearing until January
7, 1974.
Hearing on Sanitary Sewer and Watermain to Rochester Villas Subdivision. This
consists of a watermain along the west side of T.H. No. 52 from a point approximately
150 feet south of the north line SWk NWk Sec. 7-106-13 to the south line of the SA
NA Sec. 7 near the Longfellow School, and a sanitary sewer in 17th St. S.E. from the
west line of Sec. 7-106-13 to a point approx. 525 feet east.
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Record of Official Proceedings of the Common Council53
• of the City of Rochester, Minn., December 12, 1973
Wishing to be heard was Mr. John Pervin of 1401 Marion Road S. E.,=and he_.:objected to
these improvements because a couple of years ago, Mr. Pervin wanted to develop this
property ( It was then R-1 ), but"tfiis`was _in'the":wrong zone, but now that Mr.
Conway has it ( it is now R-3 ) they want to put water and sewer in. Mr. Pervin
stated that he don't need this and objects to paying for it just to go across his
property to the Villas. Mr. Armstrong stated that in order to have watermain and
sewermain to go to the Villas, it would be necessary to go across Mr. Pervin's
property. Mr. Armstrong stated that the Longfellow School is fed by a small and
• inadequate system from R.E.A. and would be to small for the Rochester Villas.
Mr. Pervin mentioned a road going through and wondered if it has been determined.
Mr. Armstrong stated the location of the road was not determined at this time.
Mr. Pervin stated that if he wanted to develop this property he would like to know
uh ere the road was going. Mr. Armstrong also stated that Mr. Pervin's land 3/4 of
it is in the flood plain and he would have to fill it up if°°,he wanted to develop
it. Mr. Pervin raised the question if whether interest would be charged on the
deferred assessments. Mr. Armstrong stated that interest is charged when the
assessment is levied.
Also wishing to be heard was Russ Borass, attorney, representing the Rochester Villas
and would answer any questions.
No one else was present that wished�.to be heard, President Postier declared the hearing
officially closed. Upon motion by Ludowese, second by Powers with all present voting
in favor, the prepared resolution ordering the project to be made was adopted.
Hearing on the Petition to Change the Zoning Districting on property located
at 10 and 40 4th Street S. E. from the M-lFF District to the B-3FF District. Having
no one present that wished to be heard, President Postier declared the hearing
officially closed. A motion was made by Strain, second by Kamper with all present
voting in favor to instruct the City Attorney to prepare an: ordinance making this
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change for adoption.
• Hearing on the petition to annex part of NE'k Sec. 12, Rochester Township,
and part of NWk, Sec. 7, Marion Township ( Grandview Memorial Gardens and Others)
and to designate certain parcels to be zoned as B-lb District. Wishing to be heard
was Vernon Volz of 1248 Marion Road. Mr. Volz asked the question when the annexation
would be completed. Mr. Gerald Swanson, City Attorney stated that this would be done
by ordinance -and would -become effective the last week -in -January, 1974. Having -no
one-e-lse.present that wished to be heard, President Postier declared the hearing
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officially closed. Upon motion by.Kamper, second by Strain, with all present voting
in favor, the City Attorney,was instructed to prepare and -ordinance for subsequent
adoption.
Bids for Mobile Radio Equipment were to be opened at 11:00 A.M. December 7, 1973.II'
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Record of Official Proceedings of the'Common' Council
of the City of Rochester, Minn., December 12. 1573
for the furnishing of the mobile and portable radio equipment to be used by the
Police and Sheriff Departments. These bids were not opened, but were referred to the
Council for review prior to opendlhgr because only one bid was received for furnish-
ing the mobile radios. It was expected that both General Electric and Motorola
would submit bids on the mobiles, however, Motorola stated that they could not
competitively bid on this system. Pre -bidding specifications were sent to all major
radio companies and comments were requ<es.ted', prior to the drafting of the final
specifications. Motorola chose not to bid on the base station communications equip-
ment earlier. A total of three bids were received for furnishing the portable
radio equipment. These bids were not opened since G.E. bid the entire system.
Dr. John DuBois, Communications Consulting Engineer from Minneapolis was present
and stated that the State sets specifications which have to be met, and only
two companies - G.E. and Motorola are qualified under these specifications.
R.C.A. sent a letter to the City Council requesting that their bid be returned
to them unopened. ( R.C.A. bid on the portables ), Motorola did not bid on either
mobile or portable, leaving two companies bidding on portables and 1 company bidding
on mobile. A representative of the Motorola company was asked to submit a letter
stating the reasons they did not submit a bid, but they failed to present a letter.
Alderman McNary questioned Dr. Dubois about other cities bidding on radio equipment
and if both G.E. and Motorola bid in those cities, Dr. DuBois stated that a few
cities in the last few months had only one bidder. President Postier asked him
if it was reversed, and Dr. DuBois stated that it was, President Postier then stated
that he did not like the situation. A motion was made by Larson, second by Powers
to open the bids from R.F. Communications and General Electric, and send the R.C.A.
bid back unopened. All present voting in favor, the bids were opened as follows:
Portable Equipment
R.F. Communications 1680 University, Rochester New York 14610
5 watt portables for Sheriff's Dept. complete with specified accessories
(9) radios (Item 3a) $9,907.29
Single unit charger as specified (4) (Item 3b) 255.00
Ten unit charger (2) (Item 3c) 884.00
Total $11,046.29
Total of item # 4 -
six channel poetables for Roch. Police Dept. complete with spec. accessories 14,310.53
( Item 4a)
30 unit charger ( 1 ) item 4b 1.9105.00
single unit charger ( 4 ) item 4c 255.00
Total of Item 4 $15,670.53
Total
of Item
5 batteries etc.
910.00
Total
of Item
6 converting and restoring radios
2,020.00
Grand
total of
above
$29,646.82
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General Electric, 4620 W. 77th Street Minneapolis, Minnesota
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Record of Official Proceedings of the Common Council
of the City- of Rochester, Minn., December 12, 1973
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2 Watt portables for Sheriff's Dept. complete with spec. accessories $8,550.00
9--radios ( 3a )
Item 3b - Single unit charger as specified (4) 144.00
"Teii. unit charger as specified (2)Item_3c 400.00
$ 9,094.00
Total
Six channel portables for -Rochester Police Dept. complete with spec.
accessories Item 4a $12,350.00
30 unit charger (1) Item 4b
single unit charger (4) item 4c
Total of above
Total of Item 5 batteries etc.
Total of Item 6 converting and restoring radios
Grand total of above -
Mobile Equipment -
New 8 channel mobile units for Sheriff as specified (19)
Installation of new mobiles
Removal of old mobiles
Total of above
580.00
144.00
$1 3 , 074. 00
878.0 0
1,720.0 0
$24,766.00
23,370.00
880.00
52.80
$24,302.80
New 8 channel mobile units for Rochester Police Dept. (22)- 30,750.00
(as specified)
Installation of.new mobiles (22) 1,210.00.
Removal of old mobiles (21) 69.30
Total $32,029.30
Grand total for mobile radios for Police and Sheriff-$56.,332.10
After study of these bids a recommendation to award the bid will be held at the
regular council meeting on December 17, 1973 at 7:30 P.M.
Recommendation from the Airport Commission authorizing the Mayor and City Clerk
to execute an agreement with the State of Minnesota -Department of Aeronautics for state
aid for airport maintenance and operation at the Rochester Municipal Airport. Under
the terms of this agreement, the City of Rochester can , on proof of ex.P-enditure,
collect up to a maximum of $25,000 per year in maintenance and operation subsidy. Upon
motion by Strain, second by Larson, with all present voting in favor, the resolution
was adopted.
Recommendation by the Planning Department on the Petition to Annex Lot 48,
North Sunny Slopes. Upon motion by McNary, second by Larson, with all present
voting in favor, the City Attorney was instructed to prepare an ordinance for subsequent
adoption.
Recommendation by the Planning Commission on the Pdition to annex the West
One-half of Lot 6, and the West One-half of Lot 5, Block 3, Golden Hill Addition.
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Record of Official Proceedings of the Common• Council
of the. City of -Rochester, Minn., December 12, 1973
Upon motion by -Kemper, second by P.oiers with all voting in favor, ..The City :Attorney
was instructed to. prepare an ordinance:-fors-subsequene adoption -
Recommendation by the Planning Department -on --the Petition to vacate a portion
of 22nd-Avenue..N.. W, and 36th Street. N.--W. Upon motion by Powers, second by- McNary ,
with all present voting in.favor, Alderman Larson abstained,-the�prepax�d(,resolut on was
adopted setting the hearing for January 21, 1974 at 7:30 P.M.
Recommendation by the Planning Department on the Application for Approval of a
Planned Unit Development ( Concept Statement ) on Lots 14-18, Block 2,.Valhalla Fourth
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Subdivision. Upon motion by Kamper, second by Powers with all voting in favor to approve
the concept statement.
Recommendation by the Public Works Department that the prepared resolution
declaring the cost to be assessed on the deferred assessment to Lot 59,North Sunny
Slopes which was part of Project 6453-67- "Extend Sanitary Sewer and Watermain in North
Skyline Drive abutting Lots 56-57-58-59-41 42 and 44 of North Sunny Slopes Addition.
Lot 59, North Sunny Slopes Addition is $3,029.18 in deferred assessments and is being
annexed and the property is owned by Desmond C. Gravett. Upon motion by Powers, second
by McNary, the prepared resolution ordering a hearing on this assessment for Jan. 7,
1974 and the resolution ordering the preparation of the proposed deferred assessments
was adopted. Allpresent voting in favor.
Recommendation by the Engineering Department that the prepared resolutions
declaring costs to be assessed and ordering the preparation of the assessments rolls
and the prepared resolutions ordering hearings on January 7, 1974 for the following
projects:
Project 14SE-71 ( J 8391). Sidewalk Replacement Project. Area between Fourth
Street S. E. south to Ninth Street S. E. and Third Avenue S. E. east to Bear Creek.
the Total assessment declared to be specially assessed is $36,568.04, with thetatal
cost to be $45,497.24.
New Sidewalk Project # 1-1973 ( J 8455) New Sidewalk Project Both Sides of 26th
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Street N. W. from W. Fr. Road T.H. 52 North to 27th Avenue.N..W..;. East-Side.24th Ave.
N. W._from.26th.St..South to -sidewalk .inplace.. the Total.assessment.declared to be
specially assessed is $16,747.76 with the total cost to be $18,661.45.
New Sidewalk Project # 6-1973 (J8460) Both sides of Viking Drive N.W.
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 Ct., Viking Drive
West to easement. Both sides of 26th Street N. W. from Viking Drive to Fourth
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Record of Official Pioceedings of the Common Council
of the' -..City_ of Rochester,. Minn., December 12, 1973
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Avenue N. W. east-,. side'of Fourth Avenue•N. W. from, Elton Hills Drive to 26th
Street N.W.; lioth sides of Valkyrie•Drive from Elton Hills Drive N.W.
to Valkyrie Lane N.W. The Total assessment declared to be specially assessed
is $15,837.36 with the,total cost to -be $21,662.89.
Request for a Dance Permit was received for Bruce W.,Judd, 2717 17th Avenue
N.W. to -conduct a public dance at the Rochester National -Guard Armory on
Sunday, December 23, 1973. This application has been investigated by the Police
Department and he has no record. Upon motion by Ludowese, second by Powers,
with all voting in favor, the permit was approved.
Setback Requirements on City Owned property adjacent to Northbrook Shopping
Center. This property is located south of Elton Hills Drive between Northbrook
Shopping Center frontage road and U.S. 63. The Planning Commission
recommended:'that a minimum front yard setback of 25 feet be established around
this property. The Zoning ordinance requires only one 25 foot setback.
Upon motion by Powers, second by Kamper with all voting•in favor, Larson voting
Nay and Strain abstained, to allow only one 25 foot setback.
An Ordinance relating to the Housing Code of the City of Rochester, Minnesota
the Registration of Dwellings and fees therefor; Regulating the Condition of
Dwellings; imposing Penalties for violations; amending Rochester Code of Ordinances
Sections 42.030, 42.640, 42,0703'•42.110, 42.120, 43.110, 43.120, 44.010, 44.020,
44.030, 44.060,=`44.140,'44'.260,'44.290,"45'i020, 45.030, 45..'040,•49.010, 49.020,
49.040, 49.060, 49.070, 49.080, 49.090,.49.110, 49.120, and 49.130, and adding a
new section,44.290 Repealing.Rochester Code of Ordinances,Chapter 46. Upon
motion by Larson, second by Kamper with all voting in favor, the date of
December 31, 1973 was changed to January 31, 1974. This is in compliance with the
single family dwellings. A second reading of the ordinance as stated above
was read upon motion by Larson , second by Powers, with all voting in favor,
the ordinance was adopted as read. `
Resolution on'the approval of"agreement between the City of Rochester and
Kirkham -Michael and -Associates/ Wallace Holland Kaster••Schmitz and Company, dated
June 12, 1972. Upon motion by Kamper, second by.,Powers, with all present voting
in favor, the resolution was adopted.
...Upon motion.by..Larson,.second by Ludowese, and all voting in favor, the
meeting was adjourned until 7:30 P.M. December 13, 1973.
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