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HomeMy WebLinkAbout06/15/1970_RegularMeeting #7 Regular. 05 CITY OF ROCHESTER COUNCIL AGENDA -June 15, 1970 7:30 P.M. A..' Call to Order and Approval of 'Minutes. B. Hearings (7:30.PiM.) 1. Assessment,.E. side of 18th Ave. N.W..from ' Cascade: St. to 33rd St.' N.W. and S. side of 28th St. N.W. from 18th Ave. to sidewalk 1 pl ace. lace. 2. Sidewalk Replacement Project (Project #2501-2505). 3.- Conditional Use, -to permit a parking lot on the N.W. cor-. 14th St. S.E. and 4th Ave. S.E. Variance, 4'. Vari , yard at,1525 11th Ave.. N.E. dt 5.. Am6ndment.to the Rocky Creek Trailer Park Plan. 6. Rezphing, Olmsted County Fairgrounds from R-1 to M-1. 7. Rezoning, the side of.U.S. 52, S.E. of Phil's Fix-All.from R-1 to B-lb. .8-. Rezoning, Lot 4 and the S. 50'ft. of Lot.3, -Block 18,..,.Golden Hill Add. from R-1. to M'l. C. Organizational -Business. l.- Mayor's appointment to Community Relations Commission.: 2. Mayor's appointment to Assistant Police. Chief-.' D. Letters and Petitions. E. Reports and Recommendations. 1. Adm. Ass't - Permit for Fireworks Display (Post -Bulletin). 2. Adm. Ass't -.Township Fire Protection Agreement..` 3. Adm. Ass'.t -.Tabulation of -Bid (Five sidewalk projects). 4.., ,City Clerk - Licenses and Bonds. c-'5.- Engineer - 'Street improvements on 10th St. S.E. West of 15th Ave. S.E. 6. Engineer - Leave of- Absence:' 7. Engineer - Traffic Signal Maintenance Agreement with MHD. 8. Engineer - Extension of Water Main at-Hutching's Second Replat.. 9.. Finance.- Approval of Bills. 10., Planning- Problem of Architectural Barriers. 11. Planning.? Annexation of Bible College Property. 1.2. Planning - One -Way Street System (Comm. on Urban Environment).. 13. Police ---White Liberation Movement Parade Request. �14. Police- of Columbus -Parade Permit. lzal15. Adm. As,t - Grant Agreement for repaving-NT,4 leg, Instrument Runway. F.;-Resolutions and ordinances., G. 1tems Tabled. H. Other Business �? �tl�.��.U.2. :.J �.�j i� 1T_,� Q �:q.• d i �..�%�i DATE v-1J-�v 'AGENDA SECTION: ORIGINATING 0EPT: Hearings." Administrative Ass',t. ITEM: 1TEM 'DESCRIPTION: Sidewalk improvement E. side of 18th Ave:'N: W. PREPARED BY: from Cascade St. to 33rd:St; td. �d, and the S. side of 28th Street NO- { J.. Andre N. W. from 18th Ave; N.W: East -to 'sidew4Jk i:n pla This is a hearing on the proposed"assessments. for the following local improvement: - Sidewalk Project 21-W-1969- •.(Ea.st" side of- .18th Avenue N. W. from Cascade.' Street',N. W.:to•.33rd--.Street: N. V.., and the South side of. 28th-Street. N. W.'.from.'18th Avenue N. W. East to sidewalk .in place.) This oject,was constructed ih'1969. Total projects costs."were-determiried'to be' $1G,"698.29, with $9,5 4.30 being. -assessed and $1,103..99_as the -City share. The'assessa.ble costs range from $3,76 to $4.15 per foot; The Board of Educatich has -objected to.their assessment for this project. The Public Works Committee, in their meeting 5-8-70,'considered this objection and recommended that :the school property be.assessed in' ... accordance with the standard assessment -policy. Attached: Letter from School Board Suggested Motion: To approve the prepared resolution adopting the .assessments. Ti7 4 ` Motion by.: Second by: _ to. o. . � k� - THEO.. A. SCHACHT WM. C. SCHACHT GEORGE R. KERR OONALD C.STEINER Miss Elfreda Reiter Rochester City Clerk C ity Hall Rochester, MN 55901 SCHACHT, KERR & S•:CHACHT �r ATTORNEYS AT LAW SUITE 300 Jy .J fir •� Q a - 100 FIRST AVENUE BUILDING TELEPHONES - 2B2-S444 ROCHESTER, MINNESOTA SS90I 289-3316 U•,,, 289-3317 June 21970 = r 289-0446 IN RE: Sidewalk Project No. 21-W-1969 (East side of 18th Avenue N. W. ) Dear Miss Reiter: The Board of Education of Independent School District No. 535 has directed me to object to the proposed assessment by the City for sidewalk on the east side of 18th Avenue N. W. , north of the northerly boundary of Outlot "A, " Tower Terrace Subdivision. The reason for the objection to this assessment is that the School District does not own the property on the east side of the street adjacent to the proposed sidewalk. At the time of the acquisition of this school site, we specifically excluded all that portion of Outlot "C'that was en- compassed in the utility easement to.avoid any capital outlay on behalf of the School District for expenses for the maintenance of the easement or any .other improvement developing in that area. I am assuming that unless the easement area was dedicated and. accepted by the City as public property, that the fee title to the property north of the north line of Outlot "A" remains in the Mohn and Penz Develop- ment Company, from whom the- property was purchased by the School District. May I respectfully request that this material be submitted to the appro- priate City official for further consideration and advice to the School Board. GRK/sn cc: Dr. J. A. Kinder Sincerely, SCHACHT, KERR & SCHACHT George R. Ker , Attorney for Independent School District No. 535 F �+ MEETIN_G June 15 1` DA AGENDA SECTION: ORIGINATING DEPT: Hearinlas Engineer's ITEM: ITEM DESCRIPTION: PREP R Y- N NO. P J�-. Five Sidewalk Replacement Projects G';-ms prong `.-This-hearing is on the folloaring sidewalk replacement projects: Sidewalk Replacement Project No. 2501-2-70 " Si -Si Project No. 2502-2-?0 Sidewalk. Replacement Project No. 2503-2-70 Sidewalk Replacement Project No..2504-4-70 Sidewalk Replacement Project No. 2505-3 &.4-70 to determine whether to proceed with the construction. Council Action Requested If the Council decides to proceed isith the projects, the resolution approving the projects and -authorizing advertisement. for. bids to be. received on July 83 1970 @ ll:00 A.M.3 has been prepared for adoption. CriU ,;F, s ' C, E0,"" Motion 6y: Second M E E T I•N:G may 18 19 AGENDA SECTION: ORIGINATING DEPT:' Recommendations C i tEngineer ITEM: ITEM DESCRIPTION: PREPARED BY., N O• Initiate 5 Sidewalk Replace . ment Reports •A-.- Armstro Recommendation of Public Works Committee to initiate 5 separate Sidewalk.. Replacement (assessment) projects.. jj These consist of sidewalk replacements at various locations where the owners T; have been -notified -in accordance with Ordinance A1133 that certain sections of ' sidewalk abutting their property are in ::azardqus condition and require repair' or repti acement. + When the 30 days specified_in the Ordinance has expired iiithout the property owner making the replacement, -it is customary to initiate a local improvement project and follow thru with the prescribed procedures of a local improvement project.. Notices.have been issued to all the properties in the following projects a;id those which have not been repaired by the property owners will be included in the contract, replaced, and assessed. _Council action requested in adoption of Resolution initiating each project end Resolution ordering hearing on each.project for June 15, 1970. It is intended that bids will be received on'July 6th, if the projects are approved following the hearings. /� C�tyS!- f95J`a/ '5< qUiW_ Sidewalk Replacement Project No. 2501-2-70 /7244-sq 236:5.00 ,�9.C5=22,37 Sidewalk Replacement Project No. 2502-2770 S,564,95 173S.;W 13e2,7� : IC,SM. Sidewalk Replacement Project No-. 2503 a=70 6224,64 46i5.60 93'Z80 z '7,6? Sidewalk Replacement Project No. -2504-4-70 gb63..6'1 Z23c,cso 162'7,15-/94-A), Sidewalk Replacement Project- No. 25D5-3&4-70 g64! . ,/d�o/s-44533.5 '�63Z9. 5 `3Tj9i Attached: Feasibility.Report - Map Budget Sheet Property List (with replacement footages-listed) ORJFvCH ACC I Uj'' Motion by: F✓Second by: fo _- _,_ . _AGENDA SECTION: ORIGINATING DEPT: HEARINGS CITY PLANNING TE M D ESC R I PT I ON: Application For A Conditional Use (Parking. Lot) PREPARED BY: N O•�j-3 On Lot 23,-Block 9, Ireland's Addition (N.W, Corner 1.4th Street h .Avenue S.E•) • S.E. & 4t :City Planning Department: The City Planning Department recommended to approve this application subject to :..certain conditions. (See attached Planning Department Report.) City Planning and Zoning Commission: On May 12, 1970 the City.Planning and Zoning Commission considered this application, We recommend that a,conditional use be granted approval subject to -the following conditions 1, -Paragraphs 41.120, 41.122, 41:123 and 41,124. 2. -A barrier curb be installed along the north right-of-way line of 14th Street S.E. from the east right-of-way line of 3rd Avenue S.E. to the west right- of-way line of 4th Avenue S,E, except for designated driveway .approaches. 3. A screen fencing from 4'-6' Ft. in height be installed along the north line of this lot out to in line with the front of the houses located on the west side of 4th Avenue S,E, Attached: Planning Department Report List of Property Owners Dist.: (1) City Clerk (2) Planning Department File Motion by:_n.�o, any Second b.Y:to 2.5 The -reviou.s'doc:ument is imaged-tothe p - -- 6est"quality possible. The original document is of very poor - quality. Scanned by Olmsted County Imaging Department APPLICATION FOR APPRnVAL OF A CONDITIONAL USE 0_N LOT 23, BLOCK 9, IRELA", �S ADDITION -TO BE USED AS A PARKING LET. (N.T?. CORNI R OF 14TH STT2EF.T S.E. & : `' '-4TH AVENUE. S.E.) = We have reviewed the above petition and find the following: 1. Name of. Petitioner: .Ouadvestors, A Partnership, Charles E. Glarner. 2;--City-Planning.Department Review:., .....Proposed -'Development: The owners are proposing a commercial use to.be located on the N.E. corner of 3rd Avenue S.E. and 14th Street'S.E. and they want to use the lot to .the rear or the N.W. corner of 14th .Street S.E. and 4th Avenue S.E. as, an accessory offstreet parking.lot. Ordinance Provisions: Paragraph 41.12 of. the Zoning Ordinance provides that the Board may .authorize, as a conditional use, the establishment and operation of an- offstreet parking area in -such sections of any R-2' R-3 or R-4 District - which abuts,' either directly or across an alley a "B" or "M" District. Paragraph 41.093 also provides that offstreet parking is prohibited in any required front yard or side street side yard.' Application of Ordinance Provisions: Paragraph 41,12: The property on the N.E. corner of 3rd Avenue S.E. and 14th Street -S.E. is zoned a B-3 District, and the property immediately to the east is zoned an R-2 District. These properties are also located along 14th Street S.E. so as to be adjoining along a street. The offstreet parking will be accessory to the adjoining B-3 District use, -,-Paragraph 41.093: The 2 spaces located in the required front yard area along 4th Avenue S.E. will have to be removed. They do not comply with the provisions of Paragraph 41.093. Other Conditions: The conditions of Paragraphs,41,121, 41.122, 41.123, and 41,124 must also be met. Since the parking area is immediately adjacent to a -street and a sidewalk may eventually be installed on the north -side of 14th Street S.E., we would recommend that a barrier curb be installed along the full length of the 14th Street S.E. part of the parking area except for the designated driveway accesses. We further recommend that a screen fencing be installed 'along the north line of the accessory parking lot to provide some screen- ing of the parking lot from the adjoining residential uses.. The_plan-does not show any driveway accesses to these parking areas. '• Drivewayswill have to b-e shown (check these out with the City Engineer first) on- the -.plan- and constructed. Normally driveway approaches. are limited to_28 ft. in width. Any driveway approach onto.4th Avenue S.E. will have to be 20 ft. south -of the north property line of this parking area as provided in Paragraph '41.121.. Conclusion:. This department recommends approval of this conditional use subject to the conditions. s:etforth in the -section of'this report entitled "Other Conditions:" AGEi-�DA SECTION: ORIGINATING DEPT: HEARINGS CITY PLANNING ITEM. ITEM- DESCRIP.TION: Application To Vary The Rear Yard Provisions Of Paragraph 21.04 Of'Ordinance No. 1296 As It Applies To.The Property N O•�� Located At-1525.11th Avenue N.E. PREPARED 6Y: y..28.;: 1970'. City Planning Department: The.City Planning,Department recommends that this variance`be denied. (See attached _.city Planning'Department Report dated'May 19, 1970.) ..City Planning andd-Zoning Commission: .-.On May 27, 1970'.the City Planning and Zoning Commission considered this application for a variance. We -find that to construct a reasonable sized addition onto the back of the existing house results in the addition encroaching 3.8 ft. into the minimum :-required rear yard of 40 ft.' We also find that this proposed addition will not be detrimental-to.any :of the adjoining -properties. Based on'these findings we recommend that this variance be granted approval. Action Requested: 1. The Council will hold a hearing'on this application on June 15, 1970, The City Clerk will have to publish a legal notice of hearing in the Post Bulletin no later than June 5, 1970 and senda mailed notice of hearing to.the parties in interest no later than June 10, 1970. 2. If the Council decides to approve this variance it will be necessary for the City'Attorney to prepare a resolution to that effect. Attached: 1. Copy of. the City Planning Department 0s Report of May 19, 1970. 2. List of Property owners to receive notice. of hearing.. - Dist,: (1) City Clerk (2) Planning Dept, File t o Motion f i o n b y: Second c o n d ...,_..-1.,.:_. - ro P40 178 -.11 x17 The previous document is imaged -to the 15est quality possible. The original -document is of very poor - quality. Scanned by Olmsted County Imaging Department 0 0 r yp /O3.3L _.!l A24 .4 " 6 f PE C.i 5 /i p 7 17, C h O l`O^J f /O 4(3.5 !6 O 0 /C .SC. ti 0 14 ti 0 10603 t `^ Thee rviou.s document is imaged -to the p - bestM q-ualty possible'. The original document is of very poor - quality. Scanned by Olmsted County Imaging Department. APPLICATION TO VARY THE PROVISIONS, OF -PARAGRAPH 21.04 OF ORDINANCE NO. 1296 AS IT APPLIES TO THE PROPERTY LOCATED AT 1525 11TH AVENUE N.E. We have reviewed the above petition and find the following: . 1. Name.of Petitioners: Mr. & Mrs. Earl F. Senst 2, Reason for Petition: We need extra room for a family room and a bedroom, 3. Departmental Review: No objections received. As shown on the applicants drawing -the existing building is constructed 50,2 feet from the rear lot line. The house was built in 1955 under the provisions of Zoning Ordinannce No.. 558 which required a minimum rear yard of 20% of the depth of the lot. In this case this -would be 103.2 feet X 20 = 20.6 feet. Since then a new Zoning Ordinance has-been adopted that requires a . minimum required rear yard in the R-1 District. -of 40 feet, but if the lot is less than 100 feet in depth.this can be modified. In this situation we need a minimum required rear yard of 40.fee.t. Adjoining Proper: Homes are built on the.lots to the north and south and also to the west. As far as this proposed addition is concerned there should not be any detrimental effect to the adjoining area. Shape of Lot: The lot in question is rectangular in shape and has 103.2 feet of depth. Zoning Ordinance: In order to grant a variance the Zoning Ordinance requires that four basic conditions must be satisfied. These conditions are outlined in the following discussion Exceptional Circumstances: Many homes have been built over the past years under the provisions of the former Zoning Ordinance No. 558 and these properties are now subject to a new set of development standards. Under the old ordinance this addition would have been permitted. There is space for a 10,2 foot addition to be made onto the house and comply with. -.the rear yard requirement. One other alternative,of course, is to add a story onto the house rather than extend -an addition into the rear yard. .Preservation of Property Rights: There already exists on this lot -a substantial single family dwelling with an attached garage. The owner's propose to remove the garage -and build a detached double garage. Other properties in the R-1 District in.this area are limited in expansion potential by the same yard requirements. Any relaxation of these requirements, in our. opinion; would be to create an unequitable condition that this lot would then enjoy certain development rights that are not possessed -by properties in this zoning district and in this area. Absense of Detriment: - As. mentioned previously, we do not think there,would be any detrimental :effect to the adjoining properties. -Nb t-of General Nature: In our,.opinion the situation that exists in this case is not unusal. -There are many rectangular shaped lots existing in the city .with :-structures built up to the minimum yard requirements, -thus precluding _further additions horizontally. This application is the.second.One _ of this type this year. It constitutes a question of general nature and should be treated by a general revision to the Zoning Ordinance rather than a variance.. If the city.feels the existing, required minimum rear yards are too restrictive then consideration should be given to amending them and reducing them. Another alternativeis to wait until the proposed comprehensive revision to the Zoning Ordinance is adopted. The rear yards are substantially reduced in the amended Ordinance and there ­;ould be no need for a variance in this case. Conclusion: Based on the evidence presented and a review of the property in the field we are unable to find sufficient basis to grant a variance. We therefore recommend that this variance be denied. ;AGENDA SECi.ION: ORIGINATING DEP'T: _HEA_RINGS CITY' PLANNING _ ITEM: ITEM DESCRIPTION: Application For -Amendment To The Rocky Creek PREPARED BV. �~ 'NO _; Trailer. Park Plan: _May 281' 1970 City Planning Department: :I The City Planning Department has recommended.gene-ral approval of this application. subject to the owner showing on his.plan the items specified in Article 42 of the Zoning.Ordinance: and installing additional fire hydrants as.requested by the Fire` Chief ;(See attached' City. Planning Department Report of May 19, 1970.). City Planning and Zoning .Commission: On'May..27, 1970'the City Planning and Zoning Commission considered this application. VTe recommend.that the application be approved.subj.ect to compliance with the conditions specified in the City Planning DepartmentsReport.; Action Requested: - 1. The Council .will hold a hearing on this application on June 15, 1970. The City Clerk will have to publish a legal notice�of hearing in the Post -Bulletin no later than June 5, 1970 and send a mailed notice of hearing to the parties in interest no later than June 10, 1970: 2. The Council will act by,adopting a resolution to approve or deny the application. Attached: . 1:. Copy•of the` City Planning Department Report of May 19, 1970. Dist.:, (1) City Clerk (2) 'Planning Dept. File a+� _ t �i_ �� Marion by:- Second by to APPLICATION FOR AMENDMENT TO THE ROCKY CREEK TRAILER COACH PARK PLAN We have'reviewed the above application and have found the following: 1. Name of Petitioner: Par Ex Homes, Inc., Alvan L. Schrader, President. 2. Reason for Petition:' To include 2 additional mobile home sites.. 3. City Departmental Review: Assistant Superintendent, Water Department We have no objections -to the proposed Trailer Coach Park Plan -Revisions. We suggest you contact the Fire Dept. as to the pboposed new location of the fire hydrants. 4' City Planning Department: -$ackground: The Rocky Creek Trailer Coach Park plan was approved by resolution of the City Council dated November 18, 1968, This plan provided for 90 mobile home sites to be developedand laid out in accordance with the plan that was approved by the Council. This year (1970), it was learned that two (2) additional mobile home sites were being constructed on this property and. were actually occuppied by residents. Upon learning this we informed the owner that the illegal uses would have to be removed and that if they wanted approval of these additionalsites they would have to make application for a revision to the approved plan. A proper application has now been filed. Compliance With Zoning Ordinance: The revised plan proposes to reduce the number of parking spaces provided for quest parking from 33 spaces to 26 spaces. The Ordinance requires one quest space for each 4 trailer units or 23 spaces in this case. plan The revised/also p=oposasto reduce the amount of recreation space by 8.600 square feet. The Zoning Ordinance requires that a minimum amount of recreation space be provided in the amount of 100 square feet per trailer unit.or 9,200 square feet in this case. The plan makes provision for 47,625 square feet of recreation space compared to 56,225 square feet in the original plan. This is well above the minimum required.by the. Zoning Ordinance. The trailer lot sizes are approximately 4,600 square feet and 4,000 square feet respectively which also are well over the minimum lot size of 2,500 square feet. The Fire Chief has recommended that 'several additional fire hydrants be provided and a cross connection of mains made as show, on the plan. Conclusion - The plan does not show specifically where the trailer parking stands will be.situated, where the offstreet parking will be located on the lot, where the utility connections will be, what the distance will be between trailers. but for purposes of this review we will assume that they will comply with the minimum standards of Article 42, Ordinance No, 1296. - Based on these findings we recommend 'that this application be approved sub - eject to compliance with the detailed provisions of Article 42, Ordinance No. 1296 and the Fire Chiefs request, ,p'�'"�'a.� AT�1 _DATE: June 15. 1971 y AGENDA SECTION: ORIGINATING DE PT: HEARING S CITY PLANNING ITEM: ITEM DESCRIPTION: -Planning Commission Initiated Change Of Zoning PREPARED BY: / Districting On The Olmsted „County Fairgrounds Property From The R-1 District to The M-1 District. .:-City Planning Department: The City Planning Department recommended that this change be granted. (See attached =. Planning Department Report,) :'City Planning and Zoning Commission:" On May 12, 1970 the City.Planning and Zoning Commission considered this proposed change in zoning." We find that this -change of zoning is in accord with the City's ...adopted Land Use -Plan. Based on these findings we recommend that this property be rezoned from the R-1 District to the M-1 District. Attached: Planning Department Report. List of Property Owners. Legal Description. -Dist.- (1) City Clerk (2) Planning Department File- t tJ !'",vrap i U .' i I I rl �_l.� c?�•_• -- i 1UL L28 7717 l _r �. 9 i'--- �� �'T ////jjj - e._9 c•'.-7J- �i - sl -_�'��-ter;, 14 t_--- -• -7 ---- _ 11.1- -- -i "-'_ -' r ���� CCvrsr¢L¢++"JJ .,.:+ .._��l �y!'�o'' i I• VISTE6 COUNTY Ell 1 on M. �—'- ; ---, .--'—_ C-- ,r-, � cal; •.� ma's; a.i t" ._. �,- ., � _ .. - - '- ----- - —-----•-----' - _. P. 14.. �,Jv Z no .. -- r '%1 ,- I , 1i ` t v_ii r' aT,t-r� • ��i .... _.. ._.___.-r, r " 4 '^ Thepreyious documentisima edtothe _g_ _ 6est,,q.uality possible. The original document is of very poor- , qua ity. Scanned by Olmsted County Im,a' in,g Department, •PLANNING C01,MSSIOti INITIATED CHANGE OF ZONING DISTRICTINGON THE OUISTED COUNTY FAIRGROUNDS PRO PE TY. FR0111i THE R-1 (SINGLE FA-MILY RESIDENTIAL) DISTRICT TO THE M=1 (LIGHT ACT URING)''DISTRICT . I: Name of.Petitioner: 'City Planning and Zoning Commission =`Z. City Department Reports: No objections received. 3_. City Planning Department Review: Back --.round: County Zoning Prior to Annexation: 7. Prior to December 17, 1968 this property was situated outside of the City of.Rochester and it was zoned as an Agricultural District under the Rochester -Township Zoning Ordinance. Of course the Fairgrounds had been there for many years prior to the township zoning. In reading the Township Zoning Ordinance it appears that the fairgrounds•was a permitted use in the Agricultural District since lands so designated "are not within orsubject to any regulations contained in this ordinance so long as they are used for agricultural purposes only." Annexation To The City Of Rochester On December 17, 1968, the Fairgrounds property was annexed to the City'of Rochester and thereupon was automatically placed in the R-1 District pending a determination of a final zoning plan. Conformance With Land Use Plan: -" r -The City's adopted Land Use Plan has the fairgrounds property designated as being best suited for industrial use.- This designation has existed officially since 1963 when the Land Use Plan was adopted by the City Council. Based on these findings the proposed zoning district change is in accord with the Land Use Plan. Existing Uses: The uses existing in the area at the present time are as follows, along with a designation of the first Zoning District in which these uses are permitted: EXISTING USES Olmsted County Highway Building 4-H.Club Building Race Track Floral Hall Graham Arena Residence House, Cattle, & Poultry Barns Conservation Building Eating Places Carnival Grounds Historical School Building FIRST ZONING DISTRICT iq GATfi1Clti ���- 1)J'~ <,Kki17g.-Cb R-1 R- S B-3 R- S B-3 R-1 B-3 B-3 B- lb B-3 R-.,S Conclusion: From the'findinas made in this case, we feel that a.change in the zoning dstricting.is warranted and we would recommend approval of the M-1 District This change would be an extension of adjoining M-1 Districts. AGENDA SECTION: ORIGINATING DEPT: HEARINGS: CITY PLANNING ITEM- ITEM DESCRIPTION; 'Petition To Change The Zoning Districting On PREPARED BY: N O• 7 Property Located Along The West Side Of U.S. 52 Lying Southeast Of � �r/ Phil's Fix -All In The N.E. %, N.E. %, Section 12, T106N_ R1411� The R-1 District To The B-lb District. C� Planning Department: :.The City'Planning Department recommended that this petition be denied. (See attached ..Planning D"epar.tment Report.) -City Planning -and Zoning Commission: -.On May 12, 1970 'the City Planning -and Zoning Commission -considered this petition. .We feel that the best use of this property is for commercial development since =there is a commercial business to the north and Olmsted County has the property .to the south zoned a C-1 District, Based on these-findings,.we recommend that this petition be granted approval. Attached: Planning Department Report List of Property Owners Copy of Legal Description Dist.: (1) City Clerk (2) Planning Department File j1' cond to d.e v� f'a L)��. Motion by: �m, e - _ Se by;m- MEN I ADVISORY PLA%igTING REPORT. ON THE PETITION TO CHANTGL THE ZONING DISTRICTING ON -THE Mo, OF THE NE1_ OF .SECTIOIi 12. 77P 1061 PU1iVGE"14 NEST, LYI iG WEST OF HIGiirJAY 52, (Z-MO FOUNDATION PROPERTY) FROM TH_L R-1 (SING.LE FILM RESIDENTIAL) DISTRICT TO THE B-lb (NBIGHBO_ HOOD BUSINESS) DISTRICT. ...We have reviewed the above petition and have found the following: 1. Name of Petitioner: Mayo Foundation .2. Reason for Petition_ Property is vacant and for.sale. All ir_quiries to date have been for con:aercial uses. In the area and nearby,. a substanital amount of highway frontage carries the B zone designation. Highway not desirable for residential use. 3� City Department Reports: City Planning Department: Existing Land Use: The property-to.be rezoned is presently undeveloped and vacant land. It lys along the south side of U.S. 52. In this area there is a commercial business immediately to the north, then two residences, a truck operation, park land, two more residences, and then a mobile home sales area at U.S. 14 and 52 intersection. To the south of this property there are scattered residential uses, vacant.land and a school. On the east side.of U.S. 52 beginning at U.S. 14 is an outdoor theater, several homes, a cemetery, -_ several more homes, a motel and park. The land iamediately_o the westis bear Creek Park. There is a billboard located on this property that is now a non-confroming use in the R-1 District. Flood Potential: County Soil. Map: The soil type maps, as used by Olmsted County for designating Flood Plain Districts, indicates that at least the west half of this property could be subject to flooding. Flood Plain Information Report: The Flood Plain Information report of the Corps of Engineers indicates that this property would be subject to flooding from a Regional Flood and a Standard Project Flood. The high water elevation. for the Regional Flood would be about elevation 1009.4 and for the Standard Project Flood would be about 1011.4. The natural ground elevation of this property runs from elevation 1006 to elevation 1014. With about 3 to 4 feet of fill on the west part of this property it would be above the Regional Flood level and could be developed. Existing Zoning in Area: City of Rochester: (See'map included) The property under consideration is zoned an R-1 District. To the west.is.an R-1 District and an F-District. At the Southwest corner of-U.S. 14 and 52 is a B-3 District. Olmsted County: To the south of this property the County has land designated as a C-1 District in Marion Township. (It is used for residential purposes). The property to the north is zoned Agricultural '(It is used for residential and two businesses.) On the east side of U.S. 63 is an R-1 District. - 2- Land Use Plan: City's.Adopted Land Use Plar.:. The City's adopted Land Use Plan indicates this general area as being best suited for some type of residential use. The land seems to be ideally situated for such use in as much as there is a large city park site immediately to the west. Settings like this for residential use are not always available in communities. The land along the highway is generally high enough to he out of danger from any major flood threat. If the land were filled about two or three feet to bring it up to the elevation of U.S. 52 there should not be any problem. ROTPS Plan: The ROTPS Plan indicated all of the land south of U.S. 52 and U.S. 14 as being best suited for park and conservation use. Discussion: Previous considerations of future land use in this general area have leaned toward multi -family use and flood plain. From an evaluation of the.site and the surrounding area it would seem that these uses would be more compatible with the existing uses in the area and would help to maximise the use of the park facilities. While there may be some objection to having residential uses located around•the cemetery, there already are a considerable number of residential uses located on each side of it and this department is unaware of any complaints. Eventually U.S. 52 will have to be widened to handle projected increases in traffic volumes. it is proposed to be a four land divided expressway with intermediate grade crossings. 4. Recommendation: Since the existing plans for this general area indicate its best use suited for future multi -family use we recommend that this petition be denied. We would further recommendthat consideration be given to changing the zoning. districting on this property to an R-3 District subject to the west part being. filled to an elevation that would be above the regional flood level. This would be about elevation 1010. We further recommend that the park property to the west and to the south along Bear Creek be changed from the R-1 District to the F District. titEETING June 15, xf_)QF"(2UI S ITC CIEDiE: A�- (1111 j IDN, DATE: 1970 `AGENDA SECTION: ORIGINATING DE PT: HFARING.S CITY PLANNING ITEM- ITEM DESCRIPTION:Pet tiori� o an T 7e oning Districting On PREPARED76Y. - g Lot 4 & The South 50 Ft, of Lot Lot3,-Block 18; Golden Hill Addition 10. �' From the R-1 District To The M-1 District. l y-ICJ //1l%�w1 F City Planning Department: .:The City Planning Department has recommended that if this zone change is.enlarged to include Lot 5,it should be approved. (See attached Planning Department Report.). - City Planning and Zoning Commission- -.On May 12, 1970 the City Planning and Zoning Commission considered this petition. We find that the area to be rezoned is too small and we therefore recommend "that this petition be denied. Attached: Planning'Dep2rtment Report Petition of.Protest• 5 Analysis of Petition of Protest. List of Property Owners, Dist,: (1) City Clerk (2) Planning -Department File :�"`�u•JC �.a L L����a�: Motion 6y:__ Second by:.... —n �: }o�— - - -� —i -- - - -- t-_-- ! . ------ 4l ---� 5 to z CITY LIMITS - i 2-0000 PROPDSELY ZOi'E Ci,Zone fJ Date SubInitled � -r Appr• Plannins Co. - Approved Council__ - Ord Number MAR s 3 1970 ' CITE PLANNING DEFT. ; ROCHESTER, MINNESOA-' D,C-- ADVISORY PL411TJING REPORT ON T�KE PETITION TO_CMAANGE THE ZONING ON LOT 4 & SOUTH 50 FEET OF LOT.3, BLOCK 18, GOLDEN HILL ADDITIOtiT FROM THE.R-1 DISTRICT TO THE. M- -.DISTRICT. -We have °property reviewed the'above petition to change the zoning on the above described from -the R-1 District to the 11-1 District, and we find the following: of Petitioner: and Charles Glarner Quadvestors, a partnership, Claude Coats., James Patterson, 2� Reason for Petition: -Proposed commercial development. To expand and enhance the. development already made on adjacent Lots 8 and 9, Block 18, Golden Hill Addition: 3'. city Department Reports: City .Planning Department: General.: Th.e'City's adopted Land Use Plan proposed that the entire area between U.S. 63 and the Great Western Railroad is best suited for light industrial uses. A considerable portion of this area is already zoned an 11-1 District and is in -light industrial or commercial usage. Discussion:_ The land along the north half of the east side of Second Avenue S.E. between 18th Street S. E. and 19th Street S. E. is used.for single family dwell - and the south half of the block is vacant: Over the past few: years, many previously vacant lots in this general area have been developed into residential uses, thereby somewhat defeating the goal of future industrial use as exemplified in the Land Use Plan.. This could have been prevented had the entire area been zoned an 1.1-1 District since residential uses are riot permitted in the M-1 District. A:partial realization of the Land Use Plan goals can be'realized by rezoning all. of the lots along the east side of Second Avenue.S. E. between 18th Street S. E. and 19th.Street S. E. to the 11-1 District.' Such a change would be. in accord with the City's adopted Land Use Plan and would.be an orderly extension of the existing 11-1 District. As a minimum change, consideration could be given to the South.z of Lot 3 and all of Lots 4 and 5, Block 18, Golden Hill .Addition, thus extending the zoning districting to a public street. and also tying in with an existing 11-1 District to the south. Conclusion: Providing space for needed industrial expansion i s important to the City of Rochester and area. This need has been pointed out in many land use studies that have been made in recent years. This petition is in response to this demonstrated need. If we take the land in this petition by itself, we may have a case of spot zoning, however, it is possible to initiate a change of zoning for a broader area and thereby be in accord with the City's Land Use Plan.. In this regard'the City Planning Department recommends the following possibilities: 1. Initiate a change of zoni.ng.on.all of Lots 1-5, Block 18, Goldea'Hill Addition to the M-:1 District. or 2. As a partial solution initiate a change of zoning on Lots 4 & 5 and the South 50 feet of Lot. 3, Block 18, Golden -Hill Addition .to the M-1 District. Either one of these changes are in accord with. the City's adopted Land Use Plan and would be orderly extension of an established M-1 District. f' PREVIOUS ACTIONS ON A S1,111UR PETITION: 1. On January 11, 1967 a similar.petition coas filed for rezoning. 2. On January 20, 1967 the City Planning Department recommended in favor of thi's change provided it was at least extended to Lot 5. 3. On January 25, 1967 the City Planning and Zoning Co emission recommended in favor of the change and asked the Council to initiate a change to M-1 District on Lot 5.. 4. On February 6, 1967 a petition of protest was filed which was analyzed to be valid. .5. On February 6, 1967 the Council voted to deny the zone change. Q 717 3rd Avenue S.E. =K Rochester, Minnesota 55901 Date: 11ay. 7, 1970 SUBJECT: ANALYSIS OF T-RE JETITION OF PROTEST AGAINST THEPROPOSAL: TO CHANGE THE ZONU;G DISTRICTING ON Lot 4 and the South 50' or LOCT.. .FINDINGS: On Aorilu31 1970 — Date) a petition_ of protest against the above described change of zoning districtin was filed in the City Clerk's Office of the .-City of Rochester, 11innesota. The public hearing before the Common Council (is to be) s) held on June -15, 1970 (Date) . -'I have.reviewed.this petition of protest and checked the signatures on the -petition against the property o�•3nership records, as listed in the City Clerk's Property Books. The areas of land were calculated by planimetering them from a map drawn to a scale of 1"=. 200' An analysis of this petition of protest yields the following facts: 1. The owners of 0 —properties located within the area to be re- zoned have signed the petition of protest. 2. The owners of 9 - properties located.within 200 feet of the outer perimeter of the property proposed to be re -zoned have signed the petition of protest. 3. The total area of land to be re -zoned, exclusive of.'st-reets and alleys, is _ 31 000 square feet.- 4. The total area of land within 200 feet of the outer perimeter of the property to be re -zoned, exclusive of streets and alleys, is _ 193,198 �sq. ft. 5. The -area of land within the area to be re -zoned for T,Iich the owners have signed the petition of protest is 0 _sq. ft. 6.' The area of land within 200 ft. of_ the outer perimeter of the property to be re -zoned for which the owners have signed the petition. of protest is 64,904.4 sq. ft. " CALCU-i.ATIONS 1. Percentage 'of property, within. the area to be re -zoned for which the owners have signed the petition of.protest: 0 S.F. x 100 =-� 0 % 0� S.F. 2. Percentage of.property within 200 ft.'of the property to be re -zoned for which the owners have signed the petition of protest: 64t904.4 S.F. x 100 = 32.7 70 �198,198.0 S.F. CONCLUSIO,FS:. The above calculations indicate that more ,le-s•s) than 2070 of either the owners of property, exclusive of streets and alleys, (,:c1�s:'ed-=.•:mot?ii .-fit?ram- rc :�r•ty •tn be -tee zc_n•;djo- within 200 feet of the outer Ile �to be re--zoa_ed_)have signed the petition of protest and the petition of protest was filed before u�) the public hearing. This being the case, the petition of protest is valid) according to. the provisions of Paragraph 62.031 of Ord. No. 1296, and it will require a C5L4ijc) (6/7ths) vote of the Common Council to approve the. proposed chang Of zonin,-. +^ File: City Clerk Tom 0. Moore,' CITY PLANNING DIRECTOR Zoning: FORM NO. ld-1 Analysis of Petition of Protest Against Zoning (1-ange j4 CITY LIMITS II 02" 20 00 0 vj ,e, r- A r A D!s t 7 Zr)r"ncy0: FOMNl NO. la - 2 Notice of ing For ZOnLIE; District ETIN T FOR COUNCIL AC 5I M EDAT E :G 6/15/70 L AGENDA SECTION: ORIGINATING DEP'T: Organizational Business Mayors Office TEM: ITEM DESCRIPTION. PREPARED BY: N O. Appointment to the Community Relations Commission Dewey Day I hereby.submi_t for your approval my appointment of Sylvester Champa, 2501 - 19th Ave. S. E.. as a member of the Community Relations Commission. Term of .T office.to expire May 1, 1971.-• Mr_ Champa fills the unexpired term'of Mr. Milton Scholer who resigned.4/17/70.. Biographical Information Cy Champa, age 32, instructor at R.-S.J.C. and Coach. Education Master's in Education !. Married - 4 children Previous Occupations - Instructor and Coach at Blue Earth, 1963767; Polo, Illinois, 1960-63 Memberships in Lion's Club, Quarterback's Club, Eagles, President of Rochester Wrestling Official Ass'n, City League Slow Pitch- SummOr Baseball (Oronoco) . va o Motion by: Second .b y :..a�..ti .-��� t o ,' ltieUF0Ci1 aIL AC7 1ON MEDATE G 6 15 .70 AGENDA SECTION: ORIGINATING DEP•T: Organizational.Business Mayors Office iEM- ITEtii DESCRIPTION: Appointment to the Police Department PRE ,A BY. " I hereby-: submit -for your approval my appointment of James P...Ryan, 1509 - 9th Street Northeast _ - to the position of.Assistant Chief effective July 1, 1970. �� ACTIGtlI: Motion by: Second by;_to; ���� y.=Q9Ut�. uw .y.7` iJ �3Q tir C) 1�j DATE ;AGENDA'SECTION: ORIGINATING DE PT: Reports and Recommendations Administrative Assistant ITEM: ITEM DESCRIPTION: PREPARED BY. 40-E- �. Permit for Fire works Display J. Andre The Rochester Post -Bulletin is requesting a.permit to hold its - annual fireworksdisplay at Silver Lake on Saturday, July 4, 1970 or Sunday, July 5, 1970 in the event of rain. cy i Motion 6y: Second rQ9 -' P7 !j"q ,�-� i DATE: 5-75-70 GENDA'SECTION:- ORIGINATING DEPT: Reports and _Recommendations Administrative Assistant ITEM: ITEM DESCRIPTION: PREPARED BY" NO•r5 Township Fire Protection Agreement J. Andre On Friday, -June 12, a meeting with the four townships had been schedules] to=.review the provisions 'of the agreement to furnish. fire protection.` If the -agreement is acceptable to all parties concerned, then a motion to adopt the -resolution authorizing -the -Mayor and City Clerk to sign the agreement would be in order. Pe � e_do C f t�C P r r. ell - �r/v'' �Ae,*-gin. A 19.0,7i 10 Motion by: Second-by;�_.�_�-��_ to U DATE G 6-15-70 'AGENDA SECTION: ORIGINATING DEPY: Reports ant Recommendations- Administrative Assistant T.EM:. ITEM DESCRIPTION: PREPARED BY: NO- 7 3 Tabulation .of Bids- SideT.7alk Projects J. Andre Bids. are to be -received at 2:00 P.11.` June..15, 1570 for.the following sidewalk -projects:- 1. Concrete "sidewalk on. the'west side of _North. Broadway from 14th Street Nor.Eii. to'--1.6th Street North. 2.- Concrete sidewalk on the south side of-13th-Street S. E: from-,6th Avenue S.- E.";'to $t. Ave-nue'.S. E. �. -Concrete sidewalk --on the..'south side -'of •19th. Street N. _W.' , fr6m-'19th Avenue :N. Gl..' to.`the West ,Frontage Road of T.H. 52 N.W. - 4: Concrete sidewalk on the -east side of 19th Aven-Lie S. W.- from'. 2iid Street to sidewalk 'in place at 5th Street S.W. . 5. Concretq - sidewalk on northerly side of. 13th. Avenue N. [J. from -14th Street N. W. to 16th Avenue N. W. A tabulation and recormnendation of "these�bids..will be submitted at the Council. meeting.. Suggested Motion: To approve the recommendation and resolutions accepting the bids on each project. flC ��BMotion by: - - -- -a Second by: _ .maz.�to _ _ M'tt I INU June 15 19 . � � r'n CO-�� �� L ACTION I ON DATE : •AGENDA. SECTI.ON:. ORIGINATING DEPT: Reports- and Recommendations City Clerk TEM. ITEM DESCRIPTION: PREPARE/fY_ - . N O.� Licenses and Bonds;:�1�=tL'C� 4 c, Approval. -of licenses and bonds. (List available at meeting) ��. J � YIU Motion by: Second by: to: .re .,.�� ., ,' MEETIN -G 1,� QUEST 5' 0 w � � �" �� i'. � � � �'�� y n � l l DA7 E AGENDA SECTION - ORIGINATING DE PT: Recommendations City Engineering 2 Job 6210-2-69 ITEM:'. ITEM DESCRIPTION: PREPARED BY - NO. Street Improvements on loth -':St. _S.E. ir?est of 15th Ave. S.E. C.iA. Armstr"oxig This project consists of the grading "and surfacing of loth' St. S.E. from 15th Ave S.E. westerly. for -a length of .470 feet. abutting the. -Elks Club property on the north.: side., and the. unplatted Penz property 1. on the south side. 'This project would terminate at the east side of the Park p party zThich is 220' feet. east .of Bear Creek. This .a�, provement teas petitiosaed in 1969 by Carlton Penz, and a hearing was: held on March 17, 1969. No one was heard and'a motion was passed to proceed frith the project. Plans . and cost estimate have .now .been developed', and an amended Feasebility Report is submitted by the City :Engineer.: Because- of the -fact that .the -. preliminary cost estimate in 1969 .teas grossly inadequate and that more than a year has elapsed since the hearing, I recommend that another hearing be held on the revised-keport before the project is approved.-, Council Action Requested° = Receive amended Feasebility Report, ` Adapt Resolution (Form 3) ordering. hearing. . t5_ i UV ia �:_• . EC��i�• Motion. by: Second b ARMIT 2,1 -+ 2��---2�8— 2Z 28 REPLS 81/2 ST. 4 -41 'SOUTH' HOME 50 J _ . 37 i 38 81/2 ST. Lu —_ �> KUZ; EL - -' nEPL. �.. OcN ViLL-�GE.C. S. —92 � A LANE - j — A — 91 2 n ST � — r- 4UILLOYD'S 5 r— _-SHERVEN S 1; 1 l _ - - T —5.�.. _ - S. E REPE.D S. E. J® `• R i BROOKSIDE QL co t �L MAR ' - -- R EPL . ! — s M ll —m to l/� S—: f _ A. P. A LOU BENEDICTS 40 HOR-AC.E :1ANNJ Il I/2 ST. SCHOOL 6s I !T N O QOKDERkiAN i 4 6 7 8 LJ S. E''' R .2- .1.. 13'ij2 ST _.m.,S.E o — 0 �pL5 i B 9 ,- Ell W •C 3 :66a j �G 66 . 66---- M .� EETIN G_ F; ry� g r.. �•r DA7 E : AGENDA SECTION: ORIGINATING DE PT: Recommendation Engineering ITEM: ITEM DESCRIPTION: PREPARE .NO. it r O•r� Leave of Absence -Alan Amundson=Military Training C.A.Arms.trong I hereby request that an approximate four (4) month Leave'of Absence without pay - for Military Training be granted to Alan Amundson of the Engineering Dept..' Dates of Leave will run from May 18, 1970 to approximately Sept.-15,, 1970. UH r. I F,.f��°i:�. Motion by: Second b MEETING �' DATE-. 05170 �GENDA SECTION: ORIGINATING DEPT: Recomendations City Engineering ITEM: ITEM DESCRIPTION: PREPARED 6Y: NO. Traffic Signal Maintenance Agreement with 140 , A. Armstrong - This. -is an agreement with M,H,'D. -covering maintenance of the traffic s •signal on South Broadway and 12th.Street. t it provides for the'state.to revise the. signals and•provide the repairs and replaoerrents. at state expense. The. City' grill- provide -,electric..' p mr., lamps v cleaning., and painting of the equipment, Coven-cil Action requested is adoption of the accompanying resolution. C0LlIN!C106EL Pl 0 T ILtr! vMotion by: Second b ET I Ylt REQUEST �' ��a ��������� � ��� � � �i� M EDATE G ...To,n�+ AGENQA; SECTION,. ORIGINATING DEPT: Recommerldation, Engineer's Job 6903-2-69 ITEM:. - ITEM' DESCRIPTION: PREPARED BY: N O.E:��. Exta r5ion of �r�atar fain at Hutchix9s Second Replat C. A. A stSoi90 :7 .. The Public: WoVks Conamttee reco; ends that a local Laprovement project be i.ni tiated v-ithaut patition for the fol.low.ing constructions "Extension. of 611 Water Main in 10th Ave .S.E * from 7th St. S.E. to. 8th St: S.E. at Hutchirv's 2nd Replat." The estimated cost is $4113.00 and it is all to,be assessed. Council. Action Reques teds Acceptance of the Engineer's Report and the- or ee-Lig of. a public hear-ing ova this proposod project for July 20, 1970. . Attacheds Feas. Report Budget Map Chmmership List. AGENDA SECTION:. ORIGINATING DEPT: RECOMMENDATIONS _ CITY PLANING I T EM: ITEM D E S C R I P T 10 N: Problem Of Architectural Barriers P R A R E D BY:�^ June 11, 1970 City. Planning and'. Zoning Commission: On June 10, 1970.the City Planning.and Zoning Commission discussed the problem :.-of architectural barriers with Mr. Pat Sours of the National -Paraplegic Foundation. This matter was 'referred to the Commis-sion by the Council on December 16, 1968.- . Following the'.discussion, we concluded' that this was not a matter that could be' properly handled:by the City Planning -and Zoning Commission. We therefore recommend'that the Council refer this matter to the Public Works and Public Safety Committees. and to the Department of Building,and.Safety for their consideration. ' .Action Requested: 1. Refer this matter to Public Works Committee, Public Safety Committee and Department of Building and Safety. Distribution: (1) City Clerk (2) Planning Department File i a Motion 6y:�� Second by: to .. Date: Jam= - ? 1971 AGEN+)A SEC-TION:. ORIGINATING DEFT: .REC0MMj`,NDATI0NS CITY PLANNING ITEM:, ITEM DESCRIPTION: Petition To Annex The Bible College Property F PARED BY: N O.�^ I -(Vine and .Toogood--Property) _ �I �une.11, 1970 _.'. City Planning .Department: the City -Planning, Department has recommended that this petition be approved and the __1-and annexed-,*'- .(See attached Report date June 3, 1970.) ti-ty •Planning .and:- Zoning Commission: -. qn. June.10,'1970-the City Planning and Zoning Commission reviewed this petition. We recommend that this petition be granted approval and that the requirement be imposed that :the land be platted before.development'occurs-in.order.to provide for the necessary. easements, Action Requested: 1, The City Attorney should have an ordinance prepared to annex this property.. The 60 day waiting period will -expire on July 19, 1970. If no objection has been received from the Township prior to this date the ordinance can be acted upon, Attached: 1, City Planning Department Report --.Distribution:. (1) City Clerk (2) Planning Department File i-A'!�� 11J� Motion 6y:»...�e.c..-_r= .� �. Sccond by: to i C Lj: " i M 'S -L32US 91 ' =".'.PETITION TO ANNEX THE BIBLE. COLLEGE PROPERTY We have reviewed`.the above petition.and find the following: -Name of Petitioners: Doris K. Toogood'of 777 16th Street S.-W. ; Helen M. Vine. of _ 4.18 3rd Avenue S.W. 2.. Reason.-for'Petition-- To obtain necessary city services -of sewer, water; etc. - 3. Departmental. -Review: - ..Ma_y 28. -1970 = -Assistant-Superintendent, City Water Department _ We have no --objections to annexation but we cannot give any information.on water 'service withouta plot plan -showing location of buildings and ground elevation. .'.4...- City Planning Department General: The property to be annexed is.generally vacant undeveloped land. The part. lying north.of the Mayowood Road (County Road TIDY') is..low lying land and is -subject to some flooding from the Zumbro River. That part lying between : County Road "D" and 20th Street S.W. is generally.in a.draw and about half of the site is heavily wooded: There are open hillsides sloping to the draw. Access: Access to the property is good. County Road "D" located on the north edge and 20th Street S.W. on the south edge. These roads lead directly to U.S..63. Surrounding Area: - Development around this -site consists of Apache Mall Shopping Center generally to the north, some subdivided residential areas to the east and south and some scattered rural residential development to the west. -1- Utility Services: City sewer and water services will have to be extended to serve this area. These '-facilities are some distance away at this time and it will be costly to bring service to this site. The -petitioners should consult with the City Engineering Department on these matters. Some of this land is situated above elevation 1100 and as such its development will have to wait until a high level water system can be provided. The land below -elevation 1100 can be served.from the. low level system but here to.the existing service is some distance removed from this site. It will also be necessary to.make certain provisions for utility easements through this property to be able to'extend services.to the south, east and west in the future to serve properties adjoining this tract. Land Use: If annexed to the City, this land will be.aut.omatically placed in the R-1 District. This district permits .the development of colleges etc. The developers should have a copy of -the City Zoning Ordinance so they can become familiar with the development standards. These are available in the City _Planning Department. Subdivision of Land: It would be desirable to have this site platted -so that all'agencies have access to a current map and description of the land. This procedure would also estab- lish the needed utility easements and any other public facilities that may be needed to properly serve this area and the adjoining lands. Annexation: The property is contiguous to the city limits:and therefore satisfies -the principal legal requirement for annexation.. Since the land is basically rural in character it could be designated as a Rural Service District, While -this may not have -.any direct benefit to the college for tax purposes it would provide some benefit to the Toogood property. In fact, -all of the.Toogood property should be put, in the rural service district including the Toogood land that was recently ordered annexed by the M.M.C. Once annexed, then the detailed planning can begin to determine the utility extensions and other services.. I£ this property is annexed, the area to the east will be-60% or more surrounded by the City and consideration could be given-to'initiating annexation proceedings to bring it into the City. This would undoubtedly aid in being able to initiate a high level water system for the hill area. i -'Conclusion: While this land is presently undeveloped, we find that urbanization is occurring all around this property. This'annexation in itself is being requested to further this . process and lead to the development of this land. This department feels that this land should reasonably be a part of the City of.Rochester and we recommend that it be annexed. -2- �'We further recommend.that the -Bible College property and the Toogood'property, including the part.annexed by order of the .M.M.C., be designated as a Rural Service District. We further recommend that this land be'platted before development takes place and that the owner's agree. to make.provis.lons for the necessary utility easements that -will be needed through this property. Date: -June 15, 197 AGENDA SECTION; ORIGINATING D E P'T: RECO,IvIENDATIONS CITY PLANNING —.- ITEM, I TE DESCRIP.TION.. One -Way Street System In Central Business p—RE'6- BY N 0. District 7- un .3 e. 11 .1970 City Planning and Zoning Commission: h - On June 10, 1970:t e City,Planning and Zoning Commission reviewed the attached -.-recommendation of the Committee on Urban Environment.' We concur in this. :.-.'-recommendation-. Action Requested- 1. Consider this.re&ommendation in discussion of one-way strpet.system, . -- Attachments, -1. C.U.E.. recommendation Distribution: (1) City Clerk t - �L_ �i; J. motion t)y- %I JCcond by*.—.--" '.---'to:_.... 1111�U!�IUI[�' nIn R June 3, 1970 0 C 55901 Mr. Donald:R. Saunders, Chairman Planning and Zoning Commission COMMITTEE ON URBAN ENVIRONMENT Room 22 Summit Building 717 3rd Avenue S.E. Phone 282-4924 288-4925 The Committee'on Urban Environment has discussed the combination of Plans A-3 and B-2 proposed for the"north-south; one-way street system. . Members of the committee havetr.aversed the route to familiarize themselves with the'conditions. There.seems to be"nothing re- garding the northbound segment which can be'considered detrimental, but we do recognize.'the-'concern of many, including the Board of Park Commissioner s,.over the route of the"south bound segment through Soldiers Field. The Committee on Urban Environment -promotes the preservation and. extension of our park system, and we"concur that.opeh space must not be sacrificed without the promise of greater long range benefit. However, we are also concerned with the total design of our.city. Planners consider the proposed street system essential as an initial step toward desired growth and development. Having weighed the"merits and detriments involved, -;the Committee on Urban Environment endorses the"proposed street system We urge, however., that the south bound segment through'Soldiers Field be directed to Broadway as abruptly as proper design considerations will allow. Sincerely, - Robert-E. Richmond, Secretary RER/db cc: Mr. Roy Watson, "Presiderit Board of Park Commissioners Common Council City of Rochester f i ski: �ir�I�i Sc/ REQUEST FOR COU�NCIL AC71.07H III l.G 1 ,I IN V / 0 If / .0 DATE AGENDA SECTION: ORIGINATING DEPT: Reports and -Recommendati ons Poli ce ITEM: ITEM DESCRIPTION: - Request of White Liberation Movement PR�P REED BY: No• .�3, for permAs-sion 'to walk on city streets on 7/18/70 J 'J; M-acken::,. The. .Police. Department recommends -that the rout-e requested. for a. March - for Awareness on July 18, 1970-by the White Liberation Movement be denied for the following reasons:. - ;.(l) As-t-he route proposed is long, it is expensive for '- the Po.lice:Department to properly, police and protect the march; . _(2) ` the time involved to march the 'propos-ed route is too l..ong and would unreasonably interfere with ,the right of the public to use. the public streets and -.would also-interferewith the time.'schedule of the public transit system.; (3) the long route ties. -up traffi-c .and interferes :with the- conduct of commercial business for those merchants located on the route. Th-e Police Department recommends that they be permitted } to march fr-om Mayo Park west on First Street Sou,thea.st to Broadway, south on Broadway to Fourth Street, east on Fourth Street to Third Avenue Southeast and north on Third:Av'enue Southeast to Mayo Park.- The.petitioner has been contacted and all groups invovled agree to - modification of route as proposed by the Police Department. The Police; Department recommends the authorization of the Public -Safety Committee to recommend to the cou-ncil the route for parades, marches, etc., Which would be established by ordinance and would eliminate the basic objections that seem to be inherent in all proposals relating to - marches and parades. Attachments: Letter from Mrs. Neal Olson to Superintendent of Parks and Recreation. _ •.Letter from Superintendent of Parks and Recreation to Mrs. Neal Olson. Letter from White Liberation. Movement to - Common. Council The Public Safety Committee concurs in the above recommendations of.the Police Chief. C,0P,;,, NC L, AC711�rlla Mot[on .by: Second by.- to:.=��..�.�@_�_-� M-GUEST FOR, COUNCIL ACTION ME-ETING (/8/70 DATE.-* AGENDA -SECTION:, ORIGINATING`DEPT: Re,po'.rt's and °:-Recomme_ndati ons Pot i ce ITEM-. ITEM DESCRIPTION: Req.ue..st' of Whi to Liberation- Movement PR PARED BY: NO. r:.�3; for-"perm.is-sio"n .t"o w-a.lk on city" streets on -7/18/70 J. Ma'ck'en::; Jhe.Po.l.ice Department recommends."that' the route requested''.. for a- .Mar.c`h' -for Awareness on July 18, 1970 by the White - Li berat-i on Movement be denied for the following - reasons::,_ = (l) ' 'As' the route proposed `i--s long , . i t- i s expensive .for _ the Po.l i ce-,`Department"to pol.i ce and protect the -" .properly march; .(2)= the -time inv°olved to march the proposed route is; too 1..ong and" would unreasonably interfere with°,the . r"i ght of the pub-lic to use. the. publ"'-i c - streets and .woul d also -i nterf.ere with "the time. schedu.1e of the- public f' a"nsl.t' ..system:;- .(3) the long ,ro.ute. t..es :u.p traffic--.an.d interferes." with' A -he:. conduct of commercial business for those merchants, located on the°route. The Police Department recommends -that they be per.mittted. to march from Mayo Park west on First Street S-outheast to Broadway, south- on" Broadway to: Fourth Street," east on, Fourth. Street to Third Avenue Southeast.and-north on Third:Av'enue Southeast to Mayo Park.- The:,petition.er has-been contacted and all groups invovled agree to modification" of "route as..proposed by the Police De.p-art'ment. The Police - .Department recommends the aut,horization of the Pub.l"i.c'.Safe'ty Committee to recommend to the council the route for parades, marches-,_ e.tc.,, whi.ch' wo-uld be established by ordi.nance.and would' eliminate the basic objections that .seem- _to -be i nhe.rent in all proposals r-e'l ati ng to marches and parades. , Attachments: Letter from Mrs. Neal-Olson'to Superintendent` of. -Parks and. Recreation. Letter from Superintendent of Parks and Recreation to.Mrs. Neal Olson. Letter from White Liberation. Movement to Common Council The .'Public Safety. Coihtittee concurs in the above- recommendations of . the.,Police Chief. . C®UNCHL ACTT( H: Mot ion by'. Second .by. to: 4 ' i � NCIL ACT1 H MEETINGw✓��%� DATE AGENDA SECTION: ORIGINATING DEP'T: Reports and Recommendations Police ITEM: ITEM DESCRIPTION: Request of Knights of . Col umbus for. a PREPARED BY: Nb.E.-')4 permit to .promote a ci rcu-s at Mayo Civic Audi tori uin J . J . Macken The Police Department recommend-s.that the route request. . by the Knights of Columbus for a parade on July 18, 1970, to promote a circus be approved. The tim.e of the parade will be decided at a later date.'In any event, it will be between 10:3.0 a.m. and 12:00 noon., Attached: Letter from M.. S,. LaPree,, Deputy Grand Knight,:: Knights of Columbus Council 1013, Rochester, Minnesota, to Mayor Day., COUNCEL AC 7 10a1s Motion by: _ Second by; to: ETING 6/15/70 DAT E. . AaGENDA.. ECTION: ORIGINATING DEP'T: - Reports & Recommendations Admin. Asst'. ITEM DESCRIPTION: PREPARED BY' .ITEM: Grant Agreement, Amendment #1, NO.�� For, Repavement of NW Leg, Instrument. Runwa , Airport J. Andre r The Federal Aviation. Administration has'issued Amendment #1r to - the Grarit Agreement for Pro J .- No. •9-21-079-7012 .increasing FAA bid from..$183,000.00 to.$187.,041.73.., The FAA requests-that the City execute.the grant offer so.the City can become eligible for the additional funds. These funds were used for repaving the;NW Leg of the Instrument. Runway at -the Rochester Muhicipa:l.Airport...The project was completed in August of 1969..- The`bids for.this project came in over the engineers estimate and therefore funding had. to be;'increased from all participants in order that the -project could be completed. Mayor Dewey Day, in a letter to Lawrence McCabe on July 14, 1969 indicated that the City of Rochesterhad made,available additional - funds in the amount of $4000 for this project to supplement the City's participation of $91,500.00;. The additional amendment to the.Grant Agreement in effect enables the FAA to°increase their participation in the -project to $187,041.73. The action requested is for the Council to adopt a resolution' authorizing the Mayor and City -Clerk to execute Amendment #l` enabling..the City to receive additional-Federal'Fund's'-for this project. C0Ui'llCIL .C710[1:, Motion by:. Second by:._. _ to:�� r i INFORMATION 1. Minutes of Standing Committees 6/8/70 2. Letter from Libby, McNeill & Libby (referred to City'Engineer) 3. Financial Report of Municipal Court _ May 1970: 4. Letter from Loren Kroening, Chairman Upper Zumbro Soil and Water Conservation District.re. watershed. S. Referred to Planning & Zoning: a. petition for zoning -district change _ R. Larry Morrow and Rosann A. Morrow, 1632 2nd Ave. S.E. b. application for approval of a shopping center Paul 0. Moore and Elizabeth G. Lowry (Lot 2, Block 1, K-Mart Plaza Subdivision. 6. Draft of an Ordinance establishing the position ofCityAdministrator. l: Proposed County Health Regulation #k20 - Food Establishments - Poble.te to review and answer questions. -_-r 2.. White Liberation Movement - Requesting permission to march at 1:00 P.M , Saturday, July 18. - - opt �"'t.,u-�.;a.a, ,�..2.��` 1 ///���/�,.'�' G�-�-��.. �.. k�^.z:,�a..=���j�,�..e�/�� . �'�•�....(sq. .. • (� � {ti — �W` e.4•YL� Fi+'�"i�'r�`n'!�'•'�.!, �.'C..re K ,. �4 K�i'�lrr.,�f��'l/� ;S�ch -3. ool B aard_ request fofor Crossing. Guards'at f3rd Ave`. S.E.! and for 16th-St. S.E. (Approach to,Ben°Franklin School in Meadow Park.)���„ 4. Discuss need for sidewalk on west side of 7th Ave.--S..W. between llth.St. S.W. and Memorial-Parkway.(DeVries and Dolan). Also -to be considered in Public Works for decision. 5. Letter from Wabasha County Attorney, Re: Policing of City -property adjacent.to Lake Zumbro. The Utility Board has - ,discussed the possibility of employing an individual on . weekendspduring the summer -months. �iC.�.i.�,.� � o-�.-�.. �, (.��oJ Lemon/. �[��..�S.e�:�.n.� �'-r-�✓.�G+�r--�^,� J ��.�'- � . , . -r.: ,� ir_ir"-� /�O dim-r+-t--n"-�i^-R. � t� •�..c.��_i;.1.��. �G! /�^' ��-t�vY�.1 ,9-s-j,���-� Vs --u.-1.P� .r✓.-C, ..s�.2 �' �'?�.c-cam ..� .� �Q G� � ' !%,.2 - � ,,.-v !/ n_,.-A Y�•��c�' w.2..�--- �-c�w�,C-tea . PUBLIC'WORKS COMMITTEE = 2:00 P:M: I. Jim Parker (Quality Homes), Re: 1) Vacating of 3rd Ave. 2. in.Valhalla 4th, 2). Rezoning.of Taft Property and.3) Assessments on Elton Hills Drive. - �' �jj 'ter �"Cr ,� u/� • .GL'�?�w 1 hw.pt�i�r . • y Co cis _ �^ ....... �-,�`� . � t.i✓ • 3, ,A�,,..�-t:.` IC � L�e-�'-�- tc:.sv.:22e:,2.7r...cc� /�......1L. .Review estimated costs and 'assessments on grading and surfacing of loth St. S.E. from 15th Ave. S. E..to Bear Creek which was petitioned by.Carlton Penz.in 19.69.. Initiate a local improvement project -- Hutchings. ��,/-�er�Fs�ivc-rrt.¢ :`•�(%� �%o � e4:�Z!!:-- �v .i��—a-�.;t.._,�-c� �-r: LJ�.,=ec:��'. y=^.:trt-5,.ese.�f , . � / h'rt_AA� e tra' (�-r aka.. ���� � -c.•� �C�. �-�•.� ;A ;sue Review of assessments for sidewalk construction on 18th -Ave. Nn.-W. Hearing is. schedul^'fej(d. for...June 15. �-�� f:�vv/�//_L:r-'Y'-C�/" ��fa, Z G.�.+/��.•. �•.C�.a�-QA'i; I�'Y��-p�P- �9 .^•.�' � � (//{j���y�//�'����./.✓-• �� .l�.:.� �3-2,4-'�_' `S, �iG�.:y�.�...4.�-GipyC.e'✓K . - _aril Discuss need for sidewalk on west side of 7th'Ave. S.W. between llth St. S.W. and Memorial Drive-.. Also, to be discussed in Public Safety Committee. �,r� U� . "µ IQ �yC!f�a Information .on Parking 'L-ot development: 1)!Railroad is now in'the process of removing tracks and dock and should be.completed by.June 12; 2) Specifications for demolition - of buildings are presently being prepared and buildings should be removed by June 26; 3) Finance'Committee to review Auto Park proposal to operate and manage parking lots; 4) Development or improvement of the lots depends to some extent on how they will be operated, i.e., Auto Park or City operated. Once it is determined how the lots are .to. be operated the Engineers can finalize plans and speci- fications for contracting the -improvements; 5). Lots are now open.for public parking. -3- FINANCE COMMITTEE 4:00-P:.M. 1. Sewer.Rate Study Summary explanation..and submitted for our review. 2: Wilmar.Enterpr-izes _ Request to purchase, rent or trade, City'_property for access to proposed 3'Par Golf Course.:, 3: Method'of operating .Parking. Lots_(R R: Lot.behind-PenneyI's, Norton Lot and East Center Loa). Proposal from Rochester Auto Park on -management and operation'.. 4:'-Park Department'}- Transfer .of funds. .. ,,....a• �'.7.ah^1-E/S •.A�Lce...rz.. C�rrYG<i.'ra+"v Q: r64`.-in G fit' t-r ' ft v L .. - G(�J� ✓.e r; e�.14. � .�'� zj.*'i;.S.�., j'Ea. `.`^"•�-•`F•S^C. �� J' '[ taf=asa,'.'3`. �r,'•3��7 s.�d e?..�-� �<`�.. 5. R view status of budget schedule.���-�-°�'"�'`""�"� ... - ..�e�.st/l!-+i1.✓ (�A. i.U-LL.%� ��`�e.e.-r�s'..m � 3 . �t.yi•;-,.0 �-»i3-a'"',� �o iL-s� G:1✓�5r'--'�r'..� � s - _ .. - f4 � ��f.[�-4.�e�..s•xc, �f{lJ . C�✓v,!�.t-t.c� �i '�1"�.�.'e.e:'.+� fst/..�� �--•-•, �— C..,.,.,,�r�:,, •- - ZZ `�.7. h l� o- .. Lf� .*r -p' ,/�1. 6. 6 U � 7° T ,DOD C �L..y COMMITTEE OF THE WHOLE - 5:00 P.M. 1. Schedule final consideration on--One-Way Street Plan for CBD. - /�..Q�.e-e:a-e u�.2.t�G.. :��-�G�O,.d.•ye� °,(i-� ���jrr2� .r1e,-sila 4:-r-rit-R-7�_._i-ci .. .. 7:'C2.�c-,ter; i' � - ;, p' t✓T.--P• ..1a+-1...•L.e� �,r:..s Ea v�e�. �,...�.-t.r .,..�.�.•� �,.^'"'.,,.c•-c,.,r•a `'i . 2.. Reviewwith MHD Design Engineer their preliminary layout for dual lane improvements -on U.S. 63 - 24th St: N.W. to North of 37th St.' . Libby, McNeill & Libby. Rochester, Minnesota June 10, 1970 Common Council City'of Rochester Rochester, Minnesota Gentlemen: Now that our plant has been annexed by the City of Rochester we are proceeding with plans as previously reviewed with the Council a year ago to connect our waste water system to the City Sanitary Sewer system for handling of our waste, water from our off season packs. We propose to extend our sewer line from the plant to 3rd Avenue at the 13th Street intersection where we would intercept the city uei-.ero To connect at this point, according to Mr. Armstrong, would require the installation of a separate 1211 line from the 1211 main, which currently ends at 12th Street, to 13th Street, because the present. 811 main would be inadequate in size to handle the additional volume from our plant, We request that the Common Council authorize the extension of a 1211 sewer main from 12th Street to 13th Street. A drawing of the proposed connection is enclosed for your review, This, as well as the proposals, have been reviewed with the City Engineer's office, with this being .the best of the alternates, Four our planning purposes we would appreciate the establishment of an installation time table for completion by March 1. 1971, We would also like to be advised of the ins-tallaa tzon assessment and possible alternate methods of payment., Very truly yours., Libby, Vic -Neill & Libby C, H. Hu �t Plant -hlana J9 -. , gex CHH:bjk cc: 14r. Archie Armstrong City Engineer FINANCIAL REPORT MAY 1970 Cash Balance.4-30-70 $ 4,087.00 May Deposits 32,424.00 $36, 5.11.00 .May -Withdrawals 30,927.00 Cash' -Balance- 5-29-70 $ 5,584.00 Reconciliatiori Bail '--Balance- 4-30-70 $ 4,110.00 _ Ba.il..Received 10,763.00 _. $14,873.00 Bail refunded or applied 9,258.00 -. .. Bail 'Ba.lance 5-29-70 _ $ 5,615.00 j N.S,F..Checks held by Court 31.00 Cash -Balance 5-29-70 $.5,584.00 T:V.-B. Fines $ 2,235.00 Parking Fines 4.997.00 Criminal .Fines 8,797.00 Criminal Costs 53217.00 Civil -Fees. 183.00 Paid to City Treasurer $21,429.00 County Fines $ 33,855.00 .less costs retained by Court 340.00 Paid County Auditor $ 3,515.00 State Fines $3,830.00 Paid to County Treasurer $3 830.00 **Bank Reconciliation Outstanding Checks- Cash Balance $ 5,584.00 8885 $ 50,00 Outstanding Checks- 8886 50,00 _28,874.00 $34,458.00 8887 3,830.0.0 Listing Error at Bank_ 1.00' 8888 3,515.00 _ Bank Balance .$34,459.00 8889 _21,429.00 .$28,874.00 S; 11,--,`Z�' 40 i Zl1t�CI 1220 4th Ave. S.W. Room 102 u Rochester, Minnesota i �1,vv May 26, 19 74 Mre Harry lla jor, State Conserve -LA onitat 200 Federal Fuilding 8: II4,5, Courthokso 316 North Roix rt Street Ste Paul, Minnaso to . 55101 DeOx harry: . At our monthly riaeting t6night, . wa werediscussing the . proposed Upper, Zk nb10 T'.'ater shed project. It. -has hoer.:. rai"ni.ng ItTest of Rochester the la st f'ew days and the rival° is risingo. We want - vhd heed action, This project ins started in 1962_ and it .is noTj 197Ob. We have -no plan and ha ve not even heard That progress, If any,,. has been made since Octobere I:brr;gF this. project varz•ants getting donee we.mould like to see it get started as soon as,possibleA Vie realize that there are many other r . ershQds in l inoQsotae but as this one. in�,o3v®s the city of -Rochester, P-Yld much otla,l- valuable real estate, wa are. doe" ly concerned that, have not seen more progress, Sincerely, Uren Kroening, Chairman LKId co: Dodge S'?ICD Dodge Coulz� Corr; iss9.one118 Ci'.-j,, of Roche stet Repre.sentat ive Albert Quie Senator_ Walter Yondals dlirested County Cormiscionm- s To: Mayor, Council and Department Heads From: Administrative Assistant Subject: Draft of'Ordinance.Establishing Position of City Administrator Attached is a draft of an ordinance establishing the Office of City Administrator.. The position of City Administrator was initially proposed in'the recently completed study "Proposal to Improve the Administration and Coordination -of City Business". The study was reviewed by the Council and Department Heads and subsequently approved. The attached .draft of the proposed ordinance is submitted to you for final review and comments. Please return any comments that you may have by June 22. It is hoped that this ordinance could be given its first reading on July 8, 1970. 6/12/70 n-ere is hereby created"theoffice, of City. Administrator. He shall be ;chosen by the Council solely on .the basis of his training, experience and 'ad qualifications: The choice shall not be limited to inhabitants of the City or.state,.but shall be a citizen of the United States. He shall be appointed.for an indefinite period and shall be removed by the Council at.any-time. The City Administrator shall have \ the -following duties, except -as otherwise provided in the City Charter. 1. Coordinate the administrative functions and operations of the various departments, divisions and services of the City government, and.on behalf of the City Council to carry out the policies, rules regulations and ordinances adopted by'it', relating -to the administration of the affairs of such departments, divisions or services. 2- Recommend the appointment and removal of department heads anal shall have authority to appoint and remove all other subordinate personnel and.to delegate such authority:. 3. Recommend to the Mayor and Common Council for adoption such measures as he may.deem'necessary for the welfare of the people and the efficient administration of City affairs. 4. Cause to`be prepared the annual budget and -submit it to the Mayor and Common Council. 5. Receive and give immediate attention to all communications .addressed to the Council and determine method of dis posing of same, provided that all correspondence legally requiring Council action shall.be placed on the agenda. 6. Attend meetings of the City Council with the duty of reporting on, or discussing any matter concerning the affairs of the departments,.services or activities, which in his judgement the City Council should be in- formed. 7. Perform such other duties pertaining.to his position as the City Council may require.