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HomeMy WebLinkAbout01-07-1974RECORD OF OFFICIAL PROCEEDINGS OF TH,E�COMMON,COUNCIL OF THE CITY OF,ROCHESTER, MINNESOTA-DATED: January 7, 1974 - Meeting #31 Minutes,of an adjourned regular meeting of the. Common Council of 'i the City of Rochester, Minnesota heldn the Council Chambers in the. City Hall, in'said City on January 7,.1974. President Postier called the meeting.to order•at 2:00 P.M., the following members being present.: President Postier, Aldermen Kamper, Larson, Ludowese, McNary, Powers, Strain. Absent: None. Kamper moved., Powers seconded to approve the.minutes of December 12, 1973:1;and 13, 1.973. Ayes`(7�)-, Nays:(0)': Motion carried. Powers moved, McNary seconded to approve (Agenda Item C-1) the Mayor's appointments*to the Rochester Music -Board -as fo'llows:- First Ward, Mrs. Robert (Vinnie) Rosenthal, 1516.9th Ave. S. E., term expires January, 1976; Second Ward,; Mrs. E. M. Barker, 424 20th Avenue.S W.; term expires January, 1,977; Fifth Ward, Mr. John R. Wicks; 212 14th..Street N. E., term expires January, 1977; At Large, Mr. Gerald (Whitey) F. Wehler, 1552 4th Ave. S. W., term•expires'January, 1977; At Large, Mr- C. M. Johnson, 324 14th St. N. E., term expires January,'1976; At Large, Dr. Richard Brubaker; 718 9t1i St. S. W., term expires January, 1976. Ayes (7),,Nays (0).: Motion carried. Larson moved, Powers seconded to approve (Agenda Item C-2) the Mayor's.appointments to the Committee on Urban Environment from the fourth ward of Mrs. Jerome (Diane) Reising, 114 8th Ave. S. E., i the term expires September; 1976. Ayes (7), Nays(0). Motion carried. Powers moved, Kamper seconded -to approve (Agenda Item E-ET) the recommendation of the State Traffic Engineer, City Traffic Engineer and the_Utility Department E'lectrical.Engineer to order the Public Utility Department -to turn off1 ighting at certain inter- sections along T. H. 52. Ayes,(7!), Nays(0).. Motion carried. Strain moved, Powers seconded to approve the application (Agenda Item E-3)'of Donald Kruger,.3036 15th St. N. W. for an "on" and "off" sale non -intoxicating malt liquor license located at 106 1st Street.S. E. to be known,as ".The Cave", subject to the fire Chief ` s- certi f i cati on that• sai d premises comply .with all applicable state and local laws -and -ordinances relating to fire protection. Ayes (7); Na�s_(0). Motion carried. Kamper moved, Strain seconded to approve Resolution No. 1 (Agenda Item E-4)`appointing and designating the Commissioner of Aeronautics to act -as agent of the City of Rochester, to receive and expend'monies on behalf of the City for the purchase of two (2 1,000 gallon crash -fire -rescue vehicles previously bid by the City. -,Ayes •(7), Nays•(0). Motion -carried., A- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA DATED: January'7, 1974 Meeting #31 Regular Kamper moved, Strain seconded to approve'Resolution No. 2 (Agenda Item E-4) authorizing the Mayor and City Clerk to execute Department of Aeronautics'form #202,-requesting the Commissioner of Aeronautics to authorize the expenditure of $152,780 for the purchase of two (2) crash -fire -rescue fehicles. Ayes (7), Nays(U). Motion carried. Powers moved, Larson seconded to advertise for bids (Agenda Item E-6) for airport security fencing'at 11:00 A.M., February 1, 1974 and considered'at the'Council meeting at'2:00 P.M., February 4, 1974. Ayes (7), Nays (0). Motion carried. Resolution 2A Ludowese moved, Larson seconded to advertise for bids (Agenda Item E-7 for five (5) police cars, to include alternate bids for smaller'Ears and air conditioning, and such -bids to be considered by the Council at their meeting of February 18. Ayes'(7); Nays(U). Motion Carried. Resolution 2B Ludowese moved, Kamper seconded to award the bid (Agenda Item E-8) for the purchase of.one (1) street'sweeper to Hayden -Murphy Equipment Company in the amount of $12;275.00. One other bid was received from Hall Equipment Company for'$14,585.00.' Ayes.(7), Nays(0). Motion carried. Resolution 2C Powers moved', Kamper seconded to approve Resolution Np.-3 designating the Olmsted County Bank, the First National Bank, 4j.- the Northwestern National' Bank and the Rochester State BAnk as � depositories.of City Funds for the calendar year-1974. Ayes -(7.), Nays: (0). 'Motion carried. (Agenda Item E--9) Powers moved, Kamper seconded to approve Resolution No. 4' (Agenda Item E-9) authorizing the fascimile'signatures of Alex P. Smekta, Mayor and Edward J. Moline; Treasurer of the City of Rochester on all checks against the General Account at the Olmsted County Bank and the payroll account at the Rochester State Bank. Ayes (7), Nay s(0). Motion carried. Powers moved, Kamper seconded to approve Resolution No. 5 and 9A (Agenda Item E-9) substituting securities in 'the amount of ..,$25,000.00 in collateral in lieu of a depository from the Olmsted County Bank and providing additional securities in the net amount of $310,000.00 in collateral in lieu of a depository from the First.National Bank.. Ayes (7)., Nays (0). Motion carried.. Powers moved, Kamper seconded to approve Resolution No. 6 (Agenda Item E-ll) amending the 1974 salary resolution dated December 17, 1971 to correct. the Accountant's annual salary to read $14,996.00. Ayes (7), Nays (0). Motion carried F� RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF ROCHESTER,.MINNESOTA,,DATED: JANUARY 7, 1974 Larson moved, Powers seconded to approve Resolution No. 7 (Agenda.Item E-12) authorizing engineering assistance by the Minnesota Highway Department to the City of Rochester for 1974. Ayes.(7), Nays (0), Motion carried. - Larson moved, Powers seconded to approve Resolution No. 8 (Agenda Item E-12) adopting agency agreement with Minnesota Highway Department designating the Minnesota Highway Department as agent fo`r the City of Rochester on Federal Aid Projects-: Ayes (7), Nays (0), Motion carried. Kamper moved, Powers seconded to advertise,for bids (Agenda Item E-13).to install a fully actuated traffic signal and street lights at the intersection of 14th.St. and 3rd Avenue'N. W. to be opened at 11:00 A.M.; January 29; 1974 and considered by the Common Council on February 4, 1974.Ayes-(7'),--Nays (0). Motion carried Resolution #8A approved. McNary moved, Kam er seconded to approve Resolution No:. 9 (Agenda Item E-14� receiving preliminary report, ordering a• public hearing -on February 18, 1974, directing preparation of plans and specifications to extend trunkline sanitary.sewer and watermain to Pace Foods in SW4 Section 21, Cascade Township. Ayes (7), Nays (0), Motion carried. First reading of.a-proposedordinance rezon1ng certain property, creating a Planned'Unit Development District.known.as PUD-R-10 and amending the Zoning Ordinance (No. 1659) of the City of Rochester. First reading of a proposed ordinance (Agenda Item F-1) establishing salaries for the Mayor, Alderman -At -Large and Aldermen effective April 1, 1974 and repealing'Ordinance'No. 1693-A. Ludowese moved, Strain seconded to remove from the table (Agenda Item G-1) the proposed assessments on Sanitary Sewer and Watermain improvements in Allendale Subd.,,(Part I)'. „Ayes (7), Nays (0),--Motion-carried. .(The proposed assessments was tabled until January 7, 1974 to allow affected property owners to plat their property if they so desired.. The Council was advised by the Planning -Director that as of January 7, 1974, none of the affected property owners have initiated platting procedures.) Ludowese moved, Powers seconded to approve Resolution No. 10 (Agenda Item G-1) adopting the proposed assessments on the Project 6502-70 'Part I (J8261) Allendale Improvements Sanitary Sewer,and'Watermain on.27th Street N-. W: from 18th Avenue N. W. to East Frontage Road T.. H. 52 fronting lots 13-14 and 17, Allendale Subdivision-. Ayes (7), Nays (0), Motion carried-. -3- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA DATED: January 7, '1974 Strain moved, Ludowese seconded to adjourn the meeting until 7:30 P.M., Ayes (7), Nays (0). Motion carried. President Postier called the meeting to order at 7:30 P.M., the following members being present: President Postier, Alderman Kamper, Larson, Ludowese, McNary, Powers, Strain. Absent: None. Hearing on proposed assessments (Agenda Item B-1) for street improvements on 3rd Avenue S. E. from 16th Street S. E. to T.H. 63 South, Project 6303-2-72 (J 8402), and also being assessed with the project as deferred assessments for sanitary sewer, watermain and southeast water tower to properties in "Oil City not previously assessed. Total cost of the current project and the 'deferred assessments is, $464,51U.77. The total amount to be presently assessed is $160,612.24, with the balance to be paid from State Aid and City Funds. Having no one present wishing to be heard, President Postier declared the hearing closed. Powers moved, Ludowese seconded to approve Resolution No. 11 adoptin the pro osed assessments'on Project 6303-2-72 (J8402). Ayes ?7), Nays'(0�, Motion carried. Hearing on the proposed assessments (Agenda Item B-2) for improvements on 16th Street S. E. between 3rd Avenue S. E. and T.H. 63, Project 6216-2-71 (J8371). Total cost of this project is $212,980.72 with $52,705.94 to be presently assessed and the balance to be paid by State Aid and City Funds. This hearing was continued from December 17, 1973. Having no one present wishing.to be heard, President Postier closed the hearing. Ludowese.,moved, Kamper seconded to approve Resolution No. 12, adopting the proposed assessments on Project 6216-2171 (J 8371) Ayes (7'), Nays (0), Motion carried. Hearing on the proposed assessments (Agenda Item B-3) for improve- ments on 19th Street N. W. adjacent Valhalla 4th and Indian Heights 3rd Subd, for the following local improvement project: "Part II of*Street Grading and Surfacing, Sanitary Sewer, Storm Sewer, Watermain and Service connections in 19th St. N. W. and Block 4 Valhalla Fourth Subdivision. The total project cost presently proposed to be assessed is $99',743.76 by direct assessment and an -additional $3,41Z.15 by direct billing; (direct billing is covered in an agreement under Project 4632-3-69 Indian Heights 3rd Subd. (J8262I) The Water Dept. (Journal Voucher) for $2,991.63. Therefore, the direct assessments, direct billing and journal voucher will amount to $106,147.54. The City share is $5,896.84. The hearing was continued from December 17, 1973. Property owners were to relate in writing questions which they raised at the December 17,.-,meeting and Mr. Armstrong would answer them prior to the Council meeting. Communications were received in writing and verbally from the following: Letters objecting to the -4- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA DATED: January 7, 1974 Meeting #31 Reg. Proposed Assessment, Project 6705-4-69 Part II - J*8259 Part' II of Street Grading and Surfacing, Sanitary Sewer, Storm Sewer, Watermain, and Service Connections in 19th Street N.*W. and Block 4 Valhalla Fourth Subdivision. 'rhis letter was received from Lloyd Reece, President of the Board -of Directoi^s�of Valhalla Nine Association, 521 19th Street N. W. and represents 15 apartments. Letter was received from Kenneth P. Derbenwick, Secretary Board of Directors Valhalla Nine Association objecting to the proposed assessments as stated above. This 'letter was dated January 2, 1974 and constituted a supplement to the letter of protest.from the Board of Directors dated December 14, 1973'. This communication was made necessary as a result of further invest'i'gation into.the current proposed assessments and.the'historical details .re'lating to watermains, sanitary sewer, and s�, storm sewer facilities for-Block'4 and Block 5, Valhalla Fourth Subd. A letter was received from Valhalla Park, Inc. representing Valhalla Park, Inc. as. to its ownership.of.'the condominium units on Lot 8, Block 4 and Valhalla.Par.k Company as.to its ownership of condominium units on Lots' 9 and 10, Block 4'and Metro Development Corp. as to its ownership of Lots 11, 12 and 13, B1'ock 4. This letter, dated .December.20, 1973 was,in protest to the assessments that are proposed on the above project. A letter'was received from Mr. Melvin Pollish, President.Valhalla Ten,'Association, which represents 24 condominiums in-bu-ildinFTO'.:, They,are-objecting to the proposed assessments on the project stated above. A letter was received from Mr. -Robert Dashow representing Mr. Gordon Dashow, Art Cunningham and Clarence Knetter who own property on the South side of 19th St.. N. W. and objected to the proposed assessments on,the above project. Present and wishing to be heard was Mr. Robert Dashow of 401' llth St. N.W. and in addition to the letter, he questioned the fact the Apartments in Block 4, Valhalla were.not hooked up to these improvements and were assessed., why,wasn't the other blocks being treated the same, if this was the policy. President Postier stated that it was necessary for'the owners of these lots to construct the full Sanitary sewer, storm sewer and watermain the full width,of the property on the foot of the slope on the north side of.19th street. He also stated that the properties were not assessed for Curb and Gutter and storm sewer, and stated that the property was getting a benefit from that. Mr. C. A. Armstrong, City Engineer stated that the benefit was very questionable._ Present_and.wishing to be heard was Kenneth Derbenwick, Pres. of Lot .9, B'lo.c.k 4*_Valh1al1a 4th Subd. He asked the Council if they had any further' -questions or comments to the ietter'he sent regarding this assessment'and his objections to it'. Dr. Derbenwick questioned the origin of the policy. President Postier stated that the way of assessing a piece of, property was'in effect long before he became a'member of the Cound l,�Dr. Derbenwick then questioned the policy on.the apartment ;complex, and.President Postier stated that the Developer, knew what the policy was, and that this assessment would be coming in the future. -5- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA DATED: January 7, 1974 Dr. Derbenwick.questioned the watermain that was put in on Viking Drive. Mr. -Armstrong stated -that -no watermain was put.in on - Viking Drive, but -that a service Line was -all that was there. Dr. Derbenwick then stated that the Fire Hydrant -that is there is supplied by this water line. Mr. Armstrong--stated-that the only thing connected up.to 19th St. -was the watermain in the -middle of the block. Dr. Derbenwick stated that the policy is very unfair that. because the -property on Block 5.,.Lots -14-was being benefited by two fire hydrants which is benefiting them and they are not assessed for that.benefit. He -stated that the Council should rule on how a private water line should be assessed for the.surrounding streets. Dr. Derbenwick then referred to -the letter on file dated January-.2;-1974. President Postier stated that the -only thing the Council-has�to go on is representatives being present. This has been a practice for many years, and the Council has information presented and will act accordingly.. Wishing,to be heard was Mr. Robert Springer of 605 2nd St. S. W. and asked if any assessments would be made to the Arnold property --for Sanitary.Sewer and -Storm Sewer. Mr.. Armstrong, City;Engineer stated it would not. Having no one else that wished to be heard, President Postier .closed the hearing. Kamper moved, Strain seconded to approve Resolution No'. 13 adopting the.proposed.assessments,on Project,6705-4-69- Part •II-(J8259). Ayes (5), Nays (2). Ludowese=and`McNary voted Nay. Motion. carried., Hearing on the Application for Approval of the., .Planned Unit Development (Final Plan) to be -known as-Candlewood located*at the N. E. corner of l9th Avenue N. W. and 41-st Street N..W. (Agenda Item B-4). President Postier received a letter from Mr. C. A. Armstrong, City Engineer and requested that -it be placed -in the ;minutes as read': RE: Hearing on: Final P1 an-- of -PUD to be known as Candlewood at 19th Avenue and 41.st St:`-N.-W. This is to _place on -record at -this hearing on the Final.P.lan of Candle - wood PUD that the public streets, sewers and watermains indicated on -the -drawings are to.be considered as preliminary layouts only and are,not construction plans. - Actual construction plans for these facilities will have to be developed by qualified departments; and.approved, and constructed in accordance with the applicable laws and procedures. Wishing,to be heard.was.Mr-. Ken Allsen of 4038.17th Avenue N. W. and is in opposition to this PUD. . He filed a petition of protest back in May, '1973, and is back to speak in opposition for the following reasons: The traff is flow on 41st Street will increase 5-to-1; property values will -de -evaluate, the inability of Gage School to handle the increased loads. The -Northwest Development Plans specify that.-thi s property -is to be .used for 1 ow-dens.i ty residential, and thi:s-162 rental units does not -fall into this plan of -lov density., And, at this time ,wishes the -.following action to be taken: That the proposed PUD be rejected, and any future land.development in this area-be,.restricted•for singl.e family dwellings and at this time these requests have 160:signatures of certified family owners in that area. He also wished to bring up the Zoning Law. M. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA DATED: January 7, 1974 He asked the question= What does low -density mean? He stated that the Northwest Development was brought into the City as R-1 and now. a piece of this property is taken out for this PUD . project. -Mr. Allsen stated they were not against PUD's -in the City, .they realize'the need for apartments, but the Zoning 'law should be'corrected to consider them in.the R-2-R-3, and R-4 only. A petition was circulated throughout the City of Rochester _reserving R-1 for single family dwellings and they had many ' signatures, which indicated that the people of Rochester were concerned with this problem. Wishing to be -heard was Nancy Allsen of 4038 17th Avenue N. W. she stated that she maintained her home for 11 years and would be right across from -this PUD. 'She would have 147 cars going in.and out of the'd'riveway which would be in direct view of her living room window. -Garbage can's would be visible from her home also. She would like to reserve a'special spot in the Zoning Code for R-l's. She -'thinks PUD's.are good, but in a special zone. She does not want to,raise her children in an apartment -shopping center atmosphere. She stated many people came to this City'' because of its beauty and atmosphere, and we should not destroy this. Wishing to be heard was Larry Koenck of 4039 16th'Ave. N.W. and agrees with the other two speakers, but added that he took a petition against putting PUD's in R-1 Zones with him to school (he is a teacher) and in 15 minutes he got 30 signatures. He again stressed "Save the R-1 for houses." Wishing.to be heard was Ruth York of 4032 17th Avenue N. W. and stated she could not understand the apathetic attitude toward this area. They'have the Broadmoor complex to live down, .she does not feel they wer.e''given a fair shake. Wishing to be heard was Mr. Joe Brandenberg'of 1430 29th'St. N.W. and stated he has been concerned about.this problem and supports the people. It is not nice to have to move your family from an apartment complex, even though he did. He asked the question is there any protection they have as.single family homeowners'and find developers moving in. Wishing.to be heard'was Bub Funk of 3018 Knoll Lane N. W. and shares the -same -feeling as the people and thinks PUD's do not belong in R=1 Zone. Wishing -to be heard was Jesse Wallace of 3118 Knoll -Lane, who is also Committee of Urban Environment -Chairman, stated that a major issue is the validity of PUD in•R-1-Zone and urges the Council to consider this.- Also thereis no buffer between the low and high density as far as landscaping. Wishing.to be heard was Terry York'of 4032 17th Avenue N. W. and asked Mr. Wallace if a.3' or 4' fern --fence was'an adequate buffer and he stated it was not. He also stated that this area is the logical extension -of R-1-Zone-, and the first application of the Northwest Development provided for.just.that.-- He cited the Broadmoor, Silver Acres, etc. that are around them, this -is the only -extension, and don't bosh it up. Wishing to be heard was a lady who owned 80,acres to the north of the property zoned N. of 41st St. and wondered if this land was annexed to the City if it would come in as R-1. It was stated it would come in as R-1. -7- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA DATED: January 7, 1974 Wishing to be heard was Mr. Ron Soderstrom of 3832 16th Ave. N.W. and stated that he visited with people from other parts of the City and has yet.to find anyone that would like a PUD in a R-1 Zone. He stated that it is unfortunate that some people are moving because of this and -have moved from the neighborhood'and that the sale of the property would be slow if this is allowed in the R-1 Zone. Wishing to be heard was�Judy Heusinkveld of 4017 16th-Avenue N.W. and stated she agreed with everything that has been said, but as President of the Mother's Club of Gage School, over 90% of the children cross at 37th or:lath and if 15th Ave. is opened, it might endanger the children. She was informed by Mr. Steinberg of-CandlewoodVthat it would not be opened. .Wishing to be heard was Mr. Bernard Brom of 1621 40th St. N.W. and agrees with the people and stated that the problem lies -in the zoning and votes the PUD down. Wishing to be heard was Roger Senst of 1711'40th-St: N.W., new to the -area. He stated in choosing Rochester'as a place to live'he looked into the schools, churches, town, businesses, etc. and certainly housing. When he purchased his house he asked if anything but houses could go -.into the area, and was told no, this was an R-1 Zone. Mrs. Allsen questioned the use.of 15th Avenue N. W. and Mr. Steinberg assured her this would be no problem. Wishing to be heard was Mr. LeRoy Prince', representative of the labor union and has seen plans•of this project and states they are top notch and lots of people -cannot afford homes, and -stated this development was good for the growth -of Rochester,'providing jobs, plus places for people to --live.- He was'in favor of this. Mr. Allsen stated that he is not against jobs, they are just opposed'to PUD and construction of it in an R-1 Zone. Wishing to be heard was Mr. Mason Steinberg of Candlewood Develop- ment'project. He state that all property coming into'the City must be zoned R-1: -Tn 1971 the Northwest.Committee got together and took surveys etc. and the average price of a lot is $5,500 and to build a -house on this lot would cost $25,000.00. Banks now require a large down payment and the average working force personnel cannot afford a house, thus there will always be a need for multiple houses. He stated that the average apartment owner has '.40 students so the schools should not be a problem. Mr-. Jess Wallace stated that many private projects and apartment projects have been completed and thinks -that this could take care of the need. An.employee of the First National Bank who lives at 3110 Knoll Lane N.W. 'stated that even though the present rate for loaning money for houses is at all -;-time, high,.tnistshould go down. Mr.-Ken-Allsen asked''Mr. Steinberg what was so valuable about that piece of property. Mi. Steinberg stated that it was where the orderly expansion*of the City was. Mayor Smekta stated that he gets telephone calls from single people all the time wanting a place to live'. The need is here for this type of housing. -RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTX-DATED: January 7, 1974 He also stated that last summer when he visited Omaha, Nebraska he personally visited a complex which -is proposed in Candlewood and it was beautiful and encouraged this project to be put in. Having no one else present that wished to be heard, President' Postier-closed the..hearing. Powers moved, Strain seconded:to instruct the City Attorney to prepare the resolution and Ordinance that can be adopted. Alderman Kamper stated that she -opposed this plan even though it -does seem better than Broadmoor, but it would-be stumping the growth of the singl.e family dwellings -in the-N.W: area and stated that there are many areas available that could accomodate this type of complex which would not violate the R-1 Zone. Alderman Larson stated -that when the Planning Ordinance was adopted, PUD's were not heard of, and consideration should be given to change this, he stated that the cost of building a house is tremendous and that the need for housing is critical much more so than the average homeowner realizes. He stated that,the service type "commercial" outlet in the complex, because many people would rather have their children go down a couple of blocks to'the dentist,or grocery store than drive a mile. However, he stated the Council should.give serious consideration to looking into the Zoning='-Codeofor possible revisions.. Ayes (6)-Nays (l),.Kamper:.voted Nay, motion carried. Hearing on�the Petition to Vacate that part -.of 6th St: N. E.-, and 2nd Ave. N. E. (Formerly known as-Crescent'St.) between 6th Street N. E. and•7th Street N. E., Wishing to be heard was Mr. Wayne Ellison. -of 15-11th Ave.-N: W.,'representing the Public Utility Board and is in favor of vacating the land which would increase storage area for coal for 'the Public Utility Dept. He stated that this is needed i-n•anticipation of.an eventual need to use coal as its only source of fuel to generate electricity. This -would allow',for stockpiling of 110'5000 tons of coal which is the -expected -annual need. When this is vacated half the street will go to the Utility Department and half to Kruse Company which is located on the west.. President Postier questioned -if the City would then need -to -buy back the.property it,turns over to Kruse -Company through the vacation, but Alderman Larson.stated that a trade'is,being negotiated with. Kruse involving utility -owned land in the area.- Opposed to this vacation was Mr. Roger,Wickstrom, co=owner of the Rochester Liquor Supply at Broadway and Sixth Street N. E. and stated that closing of the street would cut off 50% of their business. Alderman Ludowese stated that an alley running behind the -liquor ..store could be used by patrons in lieu of 6th'Street and First Avenue. President.Postier•suggested the City Engineer investigate possible improvements,to-the.alley to.make it more useable for traffic -from 6th to 7th Streets. Mr. James Andre, City Administrator will put this Item on the Committee of the.Whole for study. Having no one else present that wished to be heard; President Postier closed the hearing. Kamper moved, seconded by Ludowese, to instruct the City Attorney to prepare a resolution vacating -9- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON'COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA DATED: January 7, 1974 the--street-,;that can be adopted: -Ayes-(6) Nays (0), Abstained (1)- Alderman Larson. Motion carried: Hearing on the Proposed Assessments for Sidewalk Replacement (Agenda -Item B-6) Project #1-lSE=71 (J8391) Area between Fourth Street S. E. south to -Ninth Street S. E: and Third.-- Avenue'S. E. east to Bear'Creek. Total cost of this project is $45,497.24 with $36,568.04 presently assessed and $8,926.20 the City Share. Eileen Modden of.824,8th Avenue S. E: wished to be heard, and asked Mr: Harold:DeVries if they would come" out and fill in her edges of her sidewalk. Mr. DeVries ' ' assured her they would. Having no one else present that wished to be heard, President Postier closed the hearing. Powers moved, Strain seconded to .adopt the prepared resoltuion #14 adopting the proposed assessments'on Project:#1-lSE-7'1.' Ayes (7) Nays (0).* Motion carried. Hearing on the Proposed Assessments for New Sidewalk Project #6-1973 (J8460) (Agenda Item B-7),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 Avenue'N. W.; east side,of Fourth-Avenue3N." W. from'Elton Hills Drive to 26th Street N. W.; both sides of Valkyrie Drive from Elton Hills -Drive N. W.*to'Valkyrie Lane N. W. :Total construction cost is $21,'662.89 with the current amount -to be assessed $15,837.36 and the-Ctty Share to�be $5,825.53. Having no.one present that wished to be heard, President Postier closed the hearing. Ludowese moved,'Larson seconded to ddopt the prepared resolution #15*adopting*the roposed assessments'on Project #6-1973 (J8460). Ayes (7), Nays (0):. Motion carried. Hearing on jhe proposed Assessments for New Sidewalk Project #1-1973 (J8455) (Agenda Item B=8) Both sides of 26th Street N.W. from West Frontage Road T.H. 52 North'to 27th-Avenue N. W.; East side 24th Avenue N. W. from 26th Street -South to sidewalk inplace." Total construction and expense $18,661.45, current amount to be assessed $16,747.76 with the City share $1,913.69. Having no one present wishing'to be heard, President'Postier closed the hearing. Powers moved, Ludowese'seconded to'adopt the prepared Resolution #16 adopting the proposed assessments .on. Project #1-1973 (J8455). Ayes (7); Nays (o). -Motion carried. Hearing on the Application for-Appeoval of'the Planned Unit Development (Revised Final Plan) to be known as Green Meadows Village Phase I '('Adding a Mailbox Shelter'Building).' Having no one present wishing to'be'heard, President.Postier closed the hearing. Powers moved, Kamper seconded to adopt -the resolution as prepared by the City Attorney; Resolution #17. Ayes (7) Nay (0). Motion carried. -10- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA DATED: January 7, 1974 Hearing on the Petition to Vacate a _Part of the Utility Easement on the E2 of 3rd Avenue S. W. between 16th Street S. W. and 17th Street S. W. (Agenda Item B-11) Having no one present that wished to be heard, President Nostier closed the hearing. Ludowese moved, Kamper seconded that the Ctty Attorney be instructed to prepare a resolution vacating the easement for adoption. Ayes (7) Nays (©). Motion carried.:"� Strain moved, Kamper seconded that the semi-monthly bills, $225,913.17, (list attached) be paid (Agenda Item E-10). Ayes (7), Nays (0). Motion carried. Ludowese moved, second by Kamper to instruct the City Attorney to prepare necessary papers for transfer of title to the City of Rochester purchasing condemned property for Indian Heights Park Property (Agenda Item E-2). Purchase of the property conditioned upon the receipt of '100% federal and state funding. Ayes (6), Nays (0). Alderman Larson abstained. Motion carried: Having no further business, Strain moved, the meeting be adjourned until 7:30 P.M., Ayes (7), Nays (0). Motion carried. qITeYC�LER Ludowese seconded that January 21, 1974. Information Section: 1. Minutes of Standing Committee 12-20-73. 2. Letter to Donald Brandy from Tom Moore. 3. On may 17, 1973, James WAde was struck by an automobile driven by Stanley Harvey, while crossing T. H. 52 at a point immediately adjacent to Longfellow Elementary School. As a result of this accident, Judith Wade, parent of James Wade, is suing Stanley Harvey, the City of Rochester, County of Olmsted and School District #535 in the total amount of $525,000. The plaintiff is maintaining that the City, County and School negligently, carelessly and unlawfully failed to maintain or construct proper traffic control devices for the safety of children. (Referred to City Attorney, Insurance.) -11-