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HomeMy WebLinkAbout04/19/1971_Regular1 CITY OF ROCHESTER Council Agenda .v-t:ing #14 April 19, 1971 Regular. Adjourned Meeting 7:30 P. M. A. Call to Order and Approval of Minutes B. Hearings (7:30 P. M.) 1. Council initiated Zone Change in the area from 2nd Avenue N. W. to llth Avenue between 1st Street S.W. and C. & N.W. Railroad from the R-2 District to the R-3 and R-4 District 2. Variance to permit a 50ft sign on Welles Shopping Center Property 3. Variance to allow a Two Family Dwelling at 1424-1426 10th Avenue N.W. 4. Petition to rezone property on the west side of T. H. 63 North between 3rd Ave. N.E. and 23rd St. N.E. from R-1 to B-3 District. f. 5. Continued hearing on improvements in 40t-h St.N.W. from 11th Ave. N.W. to 660':east of C. Organizational Business west 'line of Sec. 23-1.07-14 1. Mayor's. Appointments D. Letters and Petitions 1. Sidewalk on Memorial Parkway Crossing at T. H. 14-52 E. Reports and Recommendations 1. City Adm..- Request for Preliminary Approval of a 3.2,beer license.(Pi.zza Hut) 2. City Adm. - Request from RADAR /�✓ 6�r ry 3. City Adm. - Request for a Dance Permit (Rochester. Firefighters Assn.) 4. City Adm. - Request for a Variance, 602 2nd Stream S.W. (Springer =�C5. City Adm. - Purchase of Skelly Oil Company lot 6. City Adm. - Pending Legislation 7. City Adm. - Request to move a house .8. City Clerk - Licenses and Bonds 9. Engineer City -County Street Improvement Agreement (7th St. N.W.) 10. Engineer - Sewer and Water to R.E.A. Site 11. Engineer - Proposal for Engineering Service (McGhie & Betts) 12. Finance - Retainer Service for Risk Management Insurance 13. Finance -.Award of Bids 14. Personnel.-- Expansion of Residency Requiremtns to include all of Olmsted County 15. Planning - Request to Park a Porta-Panel (Sierra. Club) at 16. Finance - Approval of Bills . (}, 1 o Planning - Amend Land Use Plan to Designate Land on the East Side of T. H. 52. in Allendale-Subdiv. as Medium Density Residential 18. Planning -Rural Service District Designations V, F. 'Resolutions and Ordinances 1. Resolutions and Ordinances for 4/19/71 meeting G. Items Tabled 1. Upper Zumbro Soil & Water Conservation District Requests H. Other Business ZL f-- �, ��La�� L, _ ��pp�a pp�� MEET.INGDA-April 19 •-197� AGENDA SECTION: %ARINCS NO.�fI OPIGINATING DEPT: PLANNING ITEM DESCRIPTION. Council Initiated Zone Change In Area From 2nd: PREPA ED BY: Avenue N.W. To llth Avenue Between'1st Street S.W. And C&Pled Rail- road From The R-2. District To The R-3 And R-4 Districts rMarch 26, 1971 City Planning,and Zoning Commission Recommendation: On Piarch 24, 1971 the City Planning and Zoning Commission held a public hearing to -consider the Council initiated zone change in the area described above.. We feel "after hearing from the owners in this area that there are still many who object to the council initiated cutback. Based on these findings, we recommend a further cutback as indicated on" -the attached map. (The vote of the commission was as follows: Saunders, Tingley, Edwards, Gill, Zollman, and Hasley voted yes; Thorkelson was absent.) Council Action -Needed:. 1. The City Clerk will need to publish a legal notice of hearing, in the Post - Bulletin, no later than Tuesday, March 30, 1971. I 2. Written notice of the hearing will also have to be sent to all the property owners no later.than Friday, April 9, 1971. 3. Following the public hearing, if the Council decides to proceed with the zone change, the City Attorney should be instructed to prepare an Ordinance for subsequent adoption. Attached: 1, Copy of the City Planning Department report 2. Copy of the map of the area to be rezoned 3. Copy of the list of property owners'.to be notified. DISTRIBUTION: 1. City Clerk 2..City Planning Department file GUP V L C u•u:MH: Motion by: Second by:. to: ADVISOR PLA;LVI`1G REPORT 0,1 TI1R COU';NCI-L I\ITIATF.D ZONF. CIIA',IC1F I13 AREA_ FRO}I 21ND AVF•._u _RI?•il4FF`.-1ST STI EE3 S.[d. AID C&"T',-! RAIIIMAD FROM THE R-2 AND R-3 DISTRICT TO THE R-3 AND . R--4 DIST'CiS::I�_-- ---- — Pureose _of tl�e Report_: The Purpose of this report is to explain* the revisions made to the original zoning district proposal.. The land use research indicated a need for amending the zonin-- districts. to accomodite. the changes taking place in this area. After much discussion a boundary was selected which would open up a substantial area for increased land use intensity. This was done with the thought that the districting could be cutback, if desired, by the residents in the area.. On January 18, 1971 the original proposal received approval by the City Planning and Zoning Commission and was sent to the Council for action. During this time a certain amount of public opinion eras expressed in opposition to the proposed zone change. After further consideration by the Council at the �_-Iarch 1, 3-971 hearing a proposed cutback of the 1:-4 District boundary and the including of a transitional R-3 District. was initiated by the Council and referred back* to -the Planning Con -.mission for further consideration and recommendation. The homaouners' have expressed an interest in cutting back the boundary and certain city officials have indicated that this alternative seems reasonable.. I I AVE. NW. 9 AVE. N. !;-AVE. NW 5 AVE. N. W. 4 AVE. N.W. U T T 7 i�_� HL'' If 3 AVE. N.W. F, 4W Lj 2 AVE. N.W. ICI I 5��E 4 ,I I AVE. N.W. I ll Ea So Tl -.- Tir 2: T I lz F C-) 0 tA (n > 1+ N CD rn I AVE. N E. Fn LL-I_ I I IJ t The previous document is imaged_tothe, best quality possi b-le The original document is of -very poor- _ quality. Scanned by Olmsted- County Imaging Department r REQUEST FOR CMNICIL I.TTION _DATE:vApril 19. 1971 AGENDA SECTION: ORIGINATING DEPT: HEARINGS PLANNING I ITEM DESCRIPTION. pp• ication To vary The Provisions OF ParagraphPREPARED BY: � 32.03 Of. -The Zoning Ordinance To Permit A 50 Foot Sign On The:Well sj,' ✓ NO. _0 Shopping Center Property rApril 2, 1971 City Planning and Zoning Commission Recommendation: On April 1, 1971 the City Planning and Zoning Commission met and considered the above described application. We find that this property is zoned a B-3 District and the maximum height of structure in.this district is 40 ft. We are unable to find that there is any exceptional -or unnecessary hardship involved in this application because of exceptional circumstances. Also, in the area of preservation of property rights we find that this applicant can do as much with his property as others in the B-3 District and in fact if the applicant is granted a variance he would then be able to do something on his property that no one else can do. In the matter of absence of detriment, the sign location'is substantially removed from any adjoining property so the height would not have a severe adverse effect. It should be noted, however, that a height variance.may have an impact on the overall effectiveness of the Zoning Ordinance. To vary the height requirement. is a matter of such widespread and. general nature that would be handled best by the formulation of a new regulation. Based on the above analysis, we are unable to find that this application meets the test for granting a variance as provided for in the Zoning Ordinance. .We therefore recommend that this application be denied. (Motion by Gill, second by.Hasley. Voting in favor were Gill, Tingley, Iiasley, and Zollman. Voting against, none. President Rohde did not vote. Absent were Brengman, Saunders, Thorkelson, and Edwards.) Council Action Needed: 1. The City Clerk should publish a notice of hearing, in the Post -Bulletin, no later than April 9, 1971. 2. The City Clerk should send written notice to the parties in interest, no later than April 14, 1971. (Mr. Harlan Tracy, Ace Sign Co., 1704 7th St. N.W., Rochester) 3. Following the hearing, if the Council should decide to proceed, it should , instruct the City Attorney to prepare a resolution that can be adopted. Attached: 1: 'Copy of the City Planning Department Report. DISTRIBUTION: 1. City Clerk 2. City Planning Department file n pp 91 0 � '�p,I�Ih tJ�,:.+ V: Motion by: Second• by; to; ' LP 7 ----- -- --- LLL F 4 p F- ADVISORY PLA"'I""ENG 1,EP01ZT'0Iq THE APPLICATIM,. TO •VARY PROVISION 32,.03 OF TIFF A 5)' SIGN ON THE !-'EILLrS SHOPPING CENTER We have reviewed the above described application and find the following: 1. Name of Petitioner: Welles Department Store 2. Reason for Petition: See attached sheet. 3. jej-)artmenEal Review: No objections received. 4. City Planning Department: Background: The V.Ielles -Shopping Centcr'has filed this application to vary the height require- ment from forty (40) feet which is the. allowed height of structures in the .3-3 zone to fifty (50) feet. This shopping center has been approved and this sign will be nlaced fifty (5-0)- feet from any property line. (See attached SIf0pDInc, Center Plan.) The followingexcerptsfrom the Toning Ordinance No. 1296 are included in this report to aid the Planning Commission and Board of Appeals to either grant or• deny this variance. I 1704 SEN'ENTII STRE l' NAV. 110C11ES1'ER. NIINNESOTA 55901 1--fa reh i , 1971 *SIGNS OF ALL KINDS* •I ° ROCHESTER, MINNESOTA 55001 Telephone 282-1738 The Ccr coon cotmcil crit-f pF�diei:C:w4`Gt�•y i•a.t�rePa4�lA ar Sirs: In ? e: lalf of, c.ncl by rocumst of, 1'} o "'oUs3 plaza €:c:-0j linty, Ace Signs of }?P. Tlt`_ ��i L.`~nce i"ro-i f'.l"!' to ail' mac',' P:tr. jaylo:z iCiO t.Z".}."AG=c^stion iyTt' for -the - oljow' Lng - reasonss 1. our �[�:tnnecl"c; Pylon aignqq, tsed in our centers all across the co tri JS !;01 4"'3.% Derpr4.I:t9 C �S:Y 5'3C C � r.r � rv• c � �., .:tZ;)r.3 4 GG'.e ® ON C11 1? f~ this to 40' wo-,;' d �';ltlz"a LAG? ; Lcyi237y 0111^•1',.caring and custolu f€e[iiiC?�iOli, C13 F! I39i1 EtatiS produced standard. exist-7, �!. 2• ii2e G!,�17, r. ? i:i�F?B p1%�'tt7`F ti = tO the So`�?i:h and x-,7. of tit- center E:rQ . t:.: -cq:;--Ea, cr:d Pr;,Posed 1SlGmt.in^s ill e:ho 12.-Oa of E:11e ielgn t, :? x be dirac tly in frmnr Of it. J 11a r0fore um feel 1 J0' -cretin }Ieiglat Will -give a better fori;,ed trae, and still giva Lis i dentificui:ioa. T1€n a for your CL3nsiderati-On of Our pro len., Harlan - r. Traey Ace. Si£].2fJ 1704 70) Street rjj. 4 t��MEETINGApril 19, 1971 '�'n�QUESY FOIR CCU'vCIL AC (1)i� DATE: AGENDA SECTION: ORIGINATING DEPT: �trARINGS PLANNING I ITEM D ESC R I PT I.ON: Application To Vary The Provisions Of Paragraph PREPARED BY: 21.002 Of The Zoning Ordinance To Allow The Building At 1424 - 1426 N O. 10.th Avenue N.W. To Be Used As A Two Family Dwelling t., April 2, 1971 . City Planning and Zoning Commission Recommendation: On April 1, 1971 the City Planning and Zoning Commission met and considered the above described application. We find that when this building was constructed this,property was situated in the Residential District under Ordinance No. 558, the Zoning Ordinance. Two family dwellings were a permitted use in that district provided that the lot was of a certain area. A building permit was issued for the construction of this two family dwelling and it was used for this purpose for sometime. The last owner, however, used the property for a single family dwelling and he,has moved and the property is now up for'sA1e. The home has been vacant for the past several months: The property is now zoned as an R-1 District which limits.the use to one family dwellings.. We•feel that since this structure was built as a two family dwelling and a*permit was issued for its construction it should be allowed to be used again for a two family dwelling. To restrict the use of this structure to a single family dwelling would create an unnecessary hardship'on this owner. There appear to be no adverse effects on the adjoining properties. Based on these findings, we recommend that this variance be granted approval. (Motion by Gill, second by Tingley. Voting in favor were Gill, Tingley, Hasley, and'Zollman. Voting against, none. President Rohde did not vote. Absent were Brengman, Saunders, Thorkelson and Edwards.) Council Action Needed: 1. The City Clerk should publish'a notice of hearing in the Post -Bulletin, not later than April 9, 1971. 2. The City Clerk should send written notice to the parties in interest no later than April 14,1971. 3. Following the hearing, if the Council should decide to proceed, it should instruct the City Attorney to prepare a resolution that can adopted. Attached: -° DISTRIBUTION: 1. Copy of the City Planning Department Report. 2. Copy ofthe list of property owners' to be notified. 1. City Clerk Cop of letters from applicant. 2. City Plan. Dept. C UmCC L Motion by: Second by: to file t 4r^ r aft"'..,` IS ' � � 4� a ,1 � ,�,,, 6 !{,i.' �+x•�.7"'-*aS'"�"'.=r. �w,�„�r,�e `' �.�i�.�y � F� ' WACO I�L�tss...S:^'iy...�.�5r.T•a.�aY•M.r�». Y-.+.LL..:n �• �_ 1424 - -1426 10th Avenue N.1.1. i ADVISORY PLANNING REPORT ON THE APPLICATION TO VARY THE PROVISIONS OF PARAGRAPii 21.002 OF THE ZONING ORDINANCE TO ALLOj•1 A BUILDING AT 1424 AND 1426 10TIl AVENUE N.W. TO BE USED AS A TWO.FA?LILY DWELLING. -We have reviewed the above described application and find the following: 1.-Name,of Petitioners: Merlin L. Mason and Everall Mason 2.- Reason for Petition: Owner requests the right to retain this property as a twin -plea. (a) It was built as -a twin-plex by Ken Watkins :to whom a Permit for building; said twin-plex was issued Sept., 21, 1961. File #3895 B (b) This structure was used as a twin--plex until sold to present owner - - ?Ir. Merle Mason, now a resident of Florida. (c) Because of the size of his family- (five children and two parents), Mr. Mason used the dwelling in its entirety. However, he did not destroy the original features of this'twin-plea as such: ' 1. The dwelling is at present listed on the assessor's card at the Olmsted County Court house as a'twin-plex. 2. It is on the tax rolls as a train-plex. 3. The house still has two house numbers over the entrance - - 1424 and 1426. two door bells' two furnaces two hot water heaters . .two meters - - the owner paid two gas' and two utility bills two complete kitchens on the main floor .two completely separate living; quarters on the main floor 4. Because of its floor n.lan it is not satisfactory as a one family dwelling. The owner used'it as a one family dwelling on a temporary basis. lie did nothing to destroy its character as a twin-plex. (d) The Public health Denartment issued a REGISTRATION CERTI- FICATE on March 1, 196S valid until March 1, 1969 which states that this building•meets all the requirements of ROCIR'STER CITY ORDINIANCE NO. 1406, for the units in this building. 3. Departmental Review: No objections received. 4'. Ordinance Provisions: Article 21.00 attached in -entirety - attachment #1. 5. City Plannin,Department: Backgzround This application is. for a variance of Article 21 (R-1 Single Family Residence District). This variance is being sought to allow the property in question to be sold as a two-family dwelling. We find; that the property in question has 6,160 square feet of lot area. A two family dwelling in an R-1 District is required to.hr,ve 7,000 square feet of lot area. A shortage of 840 square feet of area exists. ' The surrounding land uses are: To the west and across the street an institu- tional use; to the south a non -conforming greenhouse, and to the north and east single family dwellings. he property is located on a cul-de-sac street. The dwelling in question, was originally built as a rwo family dwelling and has been used as, a single 'family dwelling for the past 18 months. Thus, under the present ordinance the dWL'llinb v.oul.d be considered non -conforming. However, a basic question does arise. The question for consideration is: Las this a legal or an illegal issuance of a building permit for a two family dwelling, and if so can a variance be granted? The property in question is located in ;athen's Woodside Addition. This addition was' platted after 1940.(plat dated November .1958.) After 10,40 7,000 square feet of lot area was required for a two -family dwelling. The•lot in question has 6,160 square feet. Thus, based on the re- quirement that 7,000 square feet of lot area be required.for two family dwelling after 1940 we can conclude that the building permit was issued illegally; and as such the property in question can be' considered a$ an illegal use prior to the adoption of the present Zoning Ordinance. Under the present Zoning, Ordinance the property would be classified as a nor.-conform,inng use. flo:•rever, the .provision re].aLi_ng to the i11e^al issuance of a buildin perriit also applies at the present time. This illegally issued hullding, permit does not preclude grantinci or a use variance if the four criteria for a variance are net to the satisfaction of the ' Planning Comipii.ssion'. The following paragraphs taken from th'e Zoning Ordinance are included to aid you in developing the necessary findings and conclusions necessary to make a re- commendation on this application. 4 227 - � -ut , � iona[ Dan% Dudi�iin9 eRoc�ES z:I �innesota 55901 (507) 2SS-7665 - To: Member of the City Planning and Zoning Commission Thank you for letting me appear before you today. I am representing Mr. and Mrs. '�erle 2fason recent Rochester residents. In February Mr. Yason accepted an IBM transfer to Boca Roton, Florida. Before leaving Rochester, the Masons listed their property "For Sale" -with our office. , This property is a very good well-built twinplex. It was -constructed with full knor:led,ze of the Building Inspector that the lot lacked a few square feet for use as a twinplex--but the building permit was legally signed and filed. In show ng-the'property we have learned that it is not a suitable structure for a one family dwelling --except in most unusual circa.mstances. One.of these circumstances would be a shortage of four and five :�edro"om _homes in the mid.$30,000.00 bracket. Such a condition ?id exist when the Masons purchased this property. They thought of this as.a "temporary expedient" an-? did nothing to destroy its character as a twihplex. As is shownrthe Variance Application; the Mason's are asking that the. property be agai4classed in the inspector's office as a twinplex.... so that it may be sold as a twinplex: It is'at the present time, presented as a twinplex on the Assessor's card, the property is taxed as a twinplex, the original permit dated Sept. 21,•1961--is for . a twinplex. The overa•11 physical plant is as it was in the original plan of 1961. As you can also see on the Variance Application, it received grocer Health Certificate inspection and passed the inspection with con_menaation. That certificate as in effect at the time the Mason's deed was registered on psi, 2� 196,%. Special features suitable for twinplex use only are: two fine kitchens ' on the main floor, completely separate living quarters divided by a common stair and main hallway, two good living rooms and two dining areas. The one bedroom unit -has a laree bedroom, good bath and good closets. The other unit has three bedrooms and two baths. There is an atta-hed double earaae, k5 o t�t/• 9� ,zAlttfEipIc 1'iatuzg cSczvtct OEtf �cCocalion C-Sr%vict %/�-. and L I �ntionaL Bank Lud�lintq c�oci:£sEc:, GZ'jinnesota fi i)90► 94pLne (j07) 288-7665 It is our opinion t�:at by taking away the right to sell this property as a twinplex, we are taking away the owner's richts to sell this property in the classification ir. ...hich it was purchased. If this variance is denied the o,.-mer will suffer severe financial_ loss since it will reeuire extensive remoyiellino to.convert it to a one fainily dt:elling. DSO -:Aufti Ci -fistin csEzvice z �,� �. /J n /� /3 O �Jntct - Ceti/ C�cLocaiion �ESV(CE -rf.�� ART ICIX 21 R-1 ONE -FAMILY RESIDEPICE DISTRICT 21-.00 PRINCTPAL P- MI.TTED U"ES•: 21.001 General: All principal permitted uses and as regulated in this P%-S� District, except as hereinafter modified, and'the folloe,ing: 21.002 Residential: One -family dwellings. 21.003 Institutional and Cultural:- Municipwl, county, state, rind fodernl �e cuzldxgs adrnini.�,+ r��� nt -i — ; warenuu.7cs s;a-ragba r.�T .'r.c..�s __K�vr r•n. , rc�:r:_--ae+.� _ .a.—..-..�'.. x - ,. .: ..a.z...-zr. thnr Sze c F cd and op rate(iy Muro_c)., i , co n v,�ota o or F r ,X rr_&e..n ��� C' ��i2G M�?^L auc"I a 1�ta lam^ d t�o� a r.o t.h^n _c 0 �ceq f�- ' F n v 'SL1e -. � �.,nk •.• r-�zSL.:. irk` aTA ._1k:3 c 1..'-?iC... na[ar•� c t. r?Y. . a .... ._ti- the lot lire of the ner:re,t sdjoini-n7 rcr_si�dcntial elevelorment. --^x:uux.i .raa+rm�w,.:n:aaa-rsxrrss a:.rx c.�c:,_:ssac�c:^=-r-•,..:^ 2.1.-01 CONDa_TT( 'sA USES: The following uses h9all be permitted onl, if apecifi.cally authorized by the Board in accordance with tho . provisions of Articl^ 61: 21.011 General: Any conditional permit ted.use as regulated in the R-S District, except as hereinafter specified and expressly excluding the cntraction of minerals (20.013). 21.012 Residential: A ' two-family dwellim a, conforming to the regul- Lions' of the P,-2 District, may be erected on'or occupy a lot in any of the ' following'cases: (a) Where the lot adjoins within one hundred (100) feet a non -residence district; (b) Where each of the lots adjoining such lot is occupied , by a two -family -or multi -family dwelling or by a main building, other than a temporary building, the use of which does -not conform to the,regulations of the K-1 District. (c) Where s,ich lot fronts on a ,primary thoroughfare so designated in the official Thoroughfare Plan. 21.013 Residential - Conversions: In addition to the foregoing, any existing - one -family dwelling•forty (40) years old or oldar may be converted into a two-family dwelling, provided the area of_its lot exceeds by' at least twenty (20) per cent the lot area requirements fora new two-family dwelling in this district. 21.00 - 21.013 The previous document is imaged -to the best quality possible., The original document is of very poor - qua Scanned by Olmsted County Imaging Department - 21.014 Institutional: Hospitals for human care, sanitariums, religious and. charitable institutions, but not including those for the care of epileptics, drug addicts, the feeble-minded, or insane, or for conta- gious diseases; provided, that any lot or tract of land in such uGe shal-1 be not less than forty thousand (40,000) square feet in area, and provided that any buildings .in which patients are housed shall be at least fifty -(50) feet distant from any lr)t line. 21.02 ACCESSORY USES: Accessory uses or structures permitted and as regulated in the R-S District, and any accessory use -or structure customarily inci- dent or accessory to a principal or conditional permitted use in -the R-1 District; except that the raising or keeping of farm animals shall not be permitted on any lands used or platted for residential purposes. 21.021 Professional Offices: The office or studio in the residence of an architect, artist, dentist, engineer, lawyer, physician, teacher, or other member of a recognized profession, -'but not including beauty parlors, barber shops, schools of any kind with organized classes or similar activity, except pre-school nurseries,; provided that not. more .than one- half ('-2) of the floor area of one (1) floor of the dwelling is devoted .to such accessory use, that not more than one (1) person not a resident of the premise is employed, that no,such use shall require struct,-al alterations or involve construction features not customary in dwellings, and that the entrance to such office or studio shall be from within the dwelling. 21.022 Home Occupations: Customary home occupations, such as handicrafts, dress- making, millinery, laundry, preserving and home cooking; provided that such occupation shall be conducted'exclusively by resident occupants, that not more than one -quarter (4) of the area of one (1) floor of said residence shall be used for such purpose, that no structural alterations'or construc- tion involving features not customarily found in dwellings are required, and that the entrance to the space devoted to such use shall be from within the dwelling. . 21.02_� Display Signs: Display signs as provided in Paragraph 43.04. 21.05 HEIGHTS REGULATIONS: Same as in R-S District. 21.014-21.0� �t�,� M E E T I N GApril 19,, 1971 � �� c• c,, �� � ����� 4� aoo�i DATE: 'AGENDA SECTION: ORIGINATING DEPT E RINGS PLA`dNING „EM:` ITEM DESCRIPTION: petition To Change The.•7onin9 llistricting On. PREPA-RED NO e North 'S05.5 ,Feet Of That Part Of .The South 15 Of The Nldi&\Of Secti n 95, T107N, R141d Which Lies West And North Of. The T.H. No. 63 Between 3rd Avenue.:N.r. And 23rd Street N..E. From The R-1 District To The B-3'Distrct March 26 , ' 19'71 City Planning Department: The •proposed B-3 District would permit this property`to be used for a wide variety of intense commercial uses. The property is surrounded on three sides byksingle family residential use. As one -alternative to this petition the Department.would suggest that consideration should be given :to the poss- ibility.of medium"\density.'(R-2 or R-3) residential use so as to be compatible with the surrounding property. (See attached report.)' City Planning and Zoning Commission Recommendation: On I -larch 24, 1971 the City Planning and ,Zoning Commission reviewed -the above described.petition. We find that a B-3 zoning district change in this area would not be compatible with the existing land uses•in.the•area: Thus; we . recommend that'this-petition be denied. (Motion by Saunders, second by Zollman, voting in favor Saunders Zollman, Brengman, Hasley, and Tingley._ Voting against Edwards and Gill.). We further find that.a B-la zoning district would be compatible with the surrounding land uses, and that said district would be the best and highest use of the land in question.: Thus, we'recommend that the R-1 zone in the' above described area be changed -to' a B-la zoning district. (Motion by Brengman, second by Hasley,.voting in'favor Brengman,.Hasley; Edwards, and Gill. Voting against Saunders and Zollman, and abstaining Tingley.) Council Action Needed: 1. The City Clerk should publish a notice in the Post -Bulletin, no later -than March 30 , .19 71. 2. The City Clerk should send written notice to the.property owners not later than Apri1.9, 1971. 3. Following the public hearing, if.the Council decides to proceed I•rith the ` zone change, the City Attorney should be instructed to prepare a Or --din nce for subsequent -adoption. T" -- , �6 - , Attached: �/-�'^"'DISTRIBUTION: 1. Copy of the City Planning Department report 1. City Clerk 2. Copy --of the list of property•owners to be notified 2. City Planning -Dept. file ups UN IcCEIL-:: 4.1CTLGN: Motion by: Second '-by: to: � 1a 32- i'—a V Pij © 12. 3, 37. —, Proposed fJ • �. `*1. . Zone Change . '-mil (`?,• �.,�: � 1-•� f• -` 4' —� 4 2�GG1 29GO2 1 l CJ t C� I.1rt rd . - I 1171_ I DF ^-11• __._ .---Kl�l, 1 ��{1/-1 ----------- a ADVISORY PLANNENG REPORT ON.THE PETITIOir T_0 CIIA'IGE TI1E 7.0_:vI IG DISTI:ICTING ON THE P1OI:'lIi 5[)5.5 -1 1:ET OF TflAT PART OF _TIII' SOUTH OIF T111: 1.t•1. ' OF SECTI'O:: 25. Tl07 1, R1.41J 1:1111CII Llr.c;' WEST A'?D' NORTIT OF TIII' T.1I. ;ZO. 63 BETV17EIti 3RD AVE"-.UE N.E. AND/23:tU STI:I T:T ed. R. FRO: -I TNi? '1-1 DISTRICT TO TH.__B-3 DISTRICT We have reviewed the above described petition and we find the following: 1. Fame of.Petitioners: Rochester Sand & Gravel Company 2. Reason -for. Petition: Change of zoning; ' 3. De.ai-tmental. Review: '�lo objections received. 4. Ci.t � Planning; Department: • I3acl:g;round A proposal to change the zoning; district was before the Planning- and 'Zoning commission on June 24, 1970 and was recom�,iended to be denied. On July 20, 1970 the Council held a hearin, on this petition and was requested by '-ir. Ray Arend to have the petition withdrawn. The Council than withdrew the petition.. }:xis ting; Land Use: This property is vacant. It lies along the west side of. U.S. 63 north between 3rd Avenue I.E. •and- 23rd Street N.F. The area to' the west and north is all single family residential use. The property to tine east across t,.S. 63 is a vacant, ,steep hillside and is zoned an R-l.District except- for two. lots that .,were recently zoned as a B--la District. Land Use Plan: The Ci.ty's Adopted Land Use Plan has this area designated as being best suited for low deinisty residential use. Because of the highway and -its proximity to an established, si.ng.le family residential- area it would Lend itself more readily to a low to medium density residential use. Access: Access to this property can only be gained from the the south bound lane of U.S. 63. There is a median running in front of the full length of this property with no openings. Conclusion: The proposed B-3 District Would permit this. property to be used for a wide variety of'intense- commercial. uses. Some -of the more undesirable of these would be contractor's storage yards and Drive In Restaurants. Also, rather elaborate out- door advertising devices could be erected in this area if it were zoned a B-3 District. As an alternative to this petition we. -would sug;;est that ,consideration be. given to.,, possibly an R-2 or. R-3 District on this property. This would allc;✓ for so«e increase ,in intensity of use and give some consideration of co-mpatibi.l-ity to the ad4oining residential uses. Such a district would also prevent excessive outdoor advertising - on one of the principal approaches into the city from the north which is as yet fairly well uncluttered. f � pp F pptt _ MEETING R!lmQ14,d'`ESO G"Ouy 0U.'s � n fl®�� DALE: AGENDA SECTION:' ORIGINATING DEPT: Hearings Engineer's I ITEM DESCRIPTION. PREPARED BY: Improvements in 40th St. N.W. from llth C..A. NC & Ave. N.W. to 660' east of the west line of Sec. 23-107-1 r st cam_ t This is a hearing on the following local.improvement: "Grading, surfacing, storm sewer and watermain in 40th-St. N.W. from llth Ave. N.W. to 660 feet east of the west line of Section 23-107-14". The total estimated cost is: Construction $76,659.00 Deferred Assessment from N.W. Water .Tower 5,151.24 Deferred Assessment from IBM Trunkline Sewer 4,146.16 Total Cost $85,956.40 If approved, this project will be constructed in conjunction with an earlieer petitioned project. One of three property owners of record has signed the petition for this improvement. This percentage requires a Council -vote -of 6/7 for final approval. Council Action: If the Council decides to proceed with this project,'the City Engineer should be authorized and directed to prepare the. necessary plans. Attached: Map ��v�G A.0 T0Qfijo Motion by: Second by.• _ to �p �I ELF wa E0 MINE bill o w e e.0 N W. Cn w (D N J v co _ I cl�ABF� . CD UJI T 4 �. a.. yo ion c9c o� 2 F - o 0 N W. OD N 10 AVEu� N W. (A G) I n m 2 : 6a s W o i z - z _ _ 0 �. 'i Z C W N w nj 6i -1 � pa i ,. 4 •+ (n oo `. O o T m — rn / to rrn z m 0 IREQUEeT FOURI COUNCIL AC 710F� MtDA1E G 4/19/71_ y-�� �u p�''Cl9 �,c q p�I MEETING 4-19-71 ��F2 CC,U V'a�[r ��i� 806'l DATE AGENDA SECTION: ORIGINATING DEFT: Letters & Pet i t i on.s City Engineer ITEM: ITEM DESCRIPTION: PREPARED BY: NO.D—( Sidewalk on Memorial Parkway Crossing, at TH 14-52 C.A.Arms'trong This office has had several requests to extend the . Public sidewalk on the West side of Memorial Parkway S.W. across the Frontage Road and Highway to the Apache Shopping Center. Our preliminary study indicates that a joint participation by the City, the Highway Department, and Apache Corporation in the costs.would be required. t recommend that this be referred to the Public Wo ` Committee with authorization to negotiate with the other part.ies'and determine the City's participation._ l by: Motion by: Second to: MEETING 4-19-71 DA•I E : AGENDA SECTION: ORIGINATING DEPT.: Reports and Recommendations City Administrator EM: ITEM DESCRIPTION: i N O.6: -1 Request for Preliminary Approval of a 3.2 Beer License PREPARED BY: J. Andre Pizza Hut of Rochester,Inc. is contemplating constructing a second "Pizza Hut" restaurant on South Broadway and are requesting preliminary approval of a 3.2 non -intoxicating malt liquor on -sale license at this time so that a decision can be made to commence construction. The Police -Dept. has indicated that there have been no problems .associated with the operation of the present Pizza Hut. c The Committee of the Whole, at their 4-12-71 meeting, recommended approval of this request. Council Action: Reques•t.a•motion instructing the City Clerk to send the Pizza Hut of Rochester,'Inc. a letter stating the Council's intent to issue the above referenced license upon -completion of the proposed building. it, ijH(t' yI: Motion by: Second by. to:,,. - rry n vr�a AGENDA SECTION: ORIGINATING DEFT: _Reports and Recommendations City Administrator EM:• / ITEM DESCRIPTION. N O. 6 _v' Request from RADAR MEETING DAr E : ^4-19— 7 PREPARED BY:. J.Andre 1 RADAR, Rochester Area Drug Abuse Response, is requesting the following' 1). RADAR requests that the City Council adopt'the prepared resolution authorizing the City to a'ct as Grantee in receiving and administering in behalf of RADAR, any funds received from the Governor's Commission on Crime Prevention and Control for the Comprehensive Community Drug Abuse program,. This would not obligate the City to undertake any financial commitment to the RADAR program. '2). RADAR is also requesting that the City make a contribution to RADAR to help finance their first year ,of operation. The Finance Committee, at their 4-12-71 meeting, recommended that y d the City contribute $4,000. to RADAR for their first year's _ operation, contingent upon the passage of permissive legislation which would allow the"City to make such a contribution (See,. attached Attorney' s opinion) . If approved, this appropriation would be taken from the continquency account. Second by: to Motion by: � _ __ IX ! TZ, pAjor 212 City Hall '55901 LEGAL DEPARTMENT GERALD H.-SWANSON (Area Code 507) 288-681 o April 12, 19 71- City -Attorney Common Council City of Rochester Rochester, Minnesota 55901 Gentlemen: This is in reply to the question of whether the City may contribute a sum of money to RADAR of Olmsted County. RADAR is the acronym for Rochester Area Drug Abuse Response. It is'a voluntary association of interested citizens concerned about _drug abuse and its affect on individuals and society.. Although its purpose is to promote the public good by providing a drug information program," it is not an agency of local or state government and there appears to be no statutory authority for the City to contribute funds to the association . Under these circumstances it is my opinion that in the absence of express legislative authority the City may not make a contribution to RADAR. If the services to be performed by RADAR are deemed. beneficial to the City and are the type of services that the City itself could provide as authorized by charter or state law, a contract with RADAR could be entered into providing for reasonable compensation to be paid by the City for such services. Very truly yours, V!_� Gerald H. Swanson City Attorney GHS:rc uEQ,LII - T FOR C0Ur 101 E L. AC 7 E.(D11 `V'CDATE �' 4/19/7i REQUEST ST FOR COUNCIL A.CTI-ON M tDA1E 4/19/71 AGENDA SECTION: ORIGINATING DEPT: Reports & Recommendations* City Administrator ITE-M DESCRIPTION. PREPARED BY: Request \for a Variance, 602 2nd St. S.W. (R. Springer) J. Andre Mr. Robert Springer is requesting a variance from the Building Code as it relates to the Midway Building at 602 - 2nd St. S.-W. Mr. Springer wishes to convert office'space,in this building into apartments.' Presently the exterior wall of this building is only one (1) foot from the property line, and Section 504 (b) of the Building Code prohibits windows -or exterior walls closer than -three (3) feet from the property line. The Building Code Board of Appeal's considered this request on March 23, 1971, and a motion,to deny the appeal ended,in a tie vote. The Board again considered this matter on March 24, 1971 and voted to _ grant this appeal, "provided that Mr. Springer acquire a right to use a minimum of 3' x 36' of the adjoining property as a non -build- able area to meet the Rochester'Building Code Requirements-." -Mr.-- Springer maintains that he has been unable to acquire this right. The Committee of the Whole considered this matter at'their April 12; 1971 meeting and forwarded it to the Council without recommendation. XtAa`t-�^�5 E v,,.il4yG,3CL•R. AC 7 fl0udo Motion by: Second by:��� _ fo; — ' REQUE ST FOR COON UL AEU ON DAT E : AGENDA SECTION:' @RIGINATING DEPT: Reports & Recommendations City Administrataer- ITr•�ITEM DESCRIPTION. PREPARED BY. Purchase of. the- SkellV oil do' m 'any Let.. J. Andre In accordance with the C®uncil's instructions; negotiations have been made t�".purchase pr©perty at the corner �f.lst Ave. S.W. and West Center.. Street, which is occupied presently by -the Skelly oil ' . Company Service.Station. :The attached letter represents an'affer by the Skel"ly oil Company to sell this property for $2033,®®®: 'Skelly had originally offered this property ta•,the City for '$3@O,@@©. In accordance with state law, the'Planning Commissionreviewedthis matter -at their April l•5, 1971 meeting for' conformance to -the City-' s Comprehensive -Plan. The Committee of -the Whole considered' this matter at" their April .12, 101 meeting, and recommend approval of 'the proposed purchase offer. Council Action: (, If•the Council approves of the purchase offer and -the conditions of sale,' the Council' should: 1. Adopt the prepared -resolution authorizing and-..d.irecting the'City Administrator'to sign and return the purchase offer.; 2'.. Instruct the City Attorney to prepare -the necessary papers; 3. Order-a''$2©3,'@@@ payment to be made on�the date of conveyance of a merchantable 'title to the property. ,..J ' o'��d/WI I�F�V (N" C�.rG'aa"'•_ P f �UNCUL AC fi.00i-1: Motion_ by: Second by: .,to: c • 4 April 16, 1971 City Planning and Zoning Commission Recommendation: On April 15, 1971 the City Planning and Zoning Commission considered the matter of the City of Rochester acquiring the above described property to be used for an off -street -parking lot in conjunction with the City's downtown improvement plans. This proposed acquisition of property was included as a part of the downtown improvement plans which were endorsed by this Commission. We are in general agreement with the proposed acquisition, however, .we are concerned that the purchase price may be too high for the amount of off-street parking that can be developed on the property. Council Action Needed: 1. This recommendation should be considered by the Council at the time it considers the matter of acquiring this property. DISTRIBUTION: 1. City Clerk 2. City Planning Department file Pr1 U 5 r.,C g MpD1m Motion by: Second by:a.__ �„� to: AGENDA SECTION: OPIGINATING DEP•T: -. Reports & Recommendations`City.=Administrator IT ITEM DESCRIPTION: PREPARED BY:• NU' G--G Pendin Legislation ` E. Moline ;JThb following bills have been introduced in the .Minnesota Legislature and -are presented for any action you. maywish to --take -on. them. If the,..'. Council wishes -to oppose or go on record as favoring any of,.these..bills, it would be desirable to adopt,resolutioris at the 4/19%71 meeting since committee hearings are scheduled to'be completed by the end'of April and. the•Council.doesn't meet again until May 3; 1971. S.. F. 11.57 - gives. townships with a population ,of" 400., or more the same powers that.the Council of incorporated villages have..' The Council may wish to adopt a resolution requesting the local state representatives to oppose the .passage of this bill. .d VB..H.F. 193-*requires-.all proposed special' assessment -improvements to be recorded on the records. of the County Auditor. This duplicates what the'. City doers; the "auditor does not' agree with the bill. In this ins,tanee ". you: would .be, reasonable to ask the bill 'to be, amended by requesting that an alternative be granted the Council that conforms to the.present law on certifying assessment rolls to the.county. 313.establishes a county court system and eliminates the municipal ,courts.: -The bill - as originally written did not provide for any of the fees and fines to be returned to the municipality. The City of Rochester' estimates $215,000 to be .collected in 1971. 'An amendment to the bill returning' 100/ of the traffic- fines ($95,, 000' for us) and 50% of other fines ($60,000 for us) is being considered. The Council may W5.sh to consider supporting .the amended version of this bill..S -4- D. S.F.. 113.relates .to membership on the regional.planning commission. The - bill permits the county association of township officers'.of "each county to select -one additional member. This makes ten designated members which includes I;onQ member..of a town board" in "-addition- to the above.. `E.,H.F: 11.3.6 puts the state back into.the personal property'tax"pictur.e. The.property.of municipally owned utilities, nursing homes and liquor - stores are taxed under this -bill.; The 1967 "tax reform -and relief act replaced the previous personal property tax:,- C11 J YVnnqq pp 7 6@-yfifi�� .LCPL AC iN: Motion by.., Second b.y• to. -2- -Reports & Recommendations 4/19/71 ✓' �. S.F. 1204 would freeze property tax levies by municipalities, schools and other political subdivisions at their-1970 assessment payable in. 1971. The Committee of 'the Whole, at their 4/14/71 meeting, recommended that the Council adopt a resolution opposing the passage of this bill..' The. Senate Tax Committee held.a hearing on the bill on 4/16/71. A telegram was sent to Senators Krieger and Frederick on 4/15/71 announc- ing the Mayor and City,Council's opposition to this bill. Addition to Item E-6 Pending Legislation G. H.F. 1864.would establish water user fees and incentives for improved regulation of water appropriation. Each water "appropriator" (Water Dept.& Electrical Dept.) would have to.pay to the Commissioner of Natural Resources a.fee of not less than $10 for each one million gallons of water withdrawn or'used. This would cost the Electrical Depart- ments approximately $205,000 per year and the Water Depart- ment approximately'$23,000. The Committee on Environmental Preservation is meeting Tuesday evening, April 20 to consider this bill. The Utility Department urges your support in opposing H.F. 1864. H.' H.F. 1119 (S.F. 811) provides that 2/ of motor vehicle insurance premiums be dedicated to police pension funds. Aid would be distributed in.essentially the same manner as in the case of the 2/ fire insurance premium tax which is already in existence. If passed, this bill could relieve Rochester of as much as 1 mill of taxation. The City levied 3 mills for -police pensions in 1971. The Police Relief Association urges your support for the passage of this bill. (See attached letter). POLICE RELIEF ASSOCIATION ROCHESTER, MINNESOTA April 19, 1971 The Honorable Mayor and'Common Council City of Rochester, Rochester, Minnesota Gentlemen: We wish .to enlist your support, by resolution, of a bill presently i.n the Legislature. The bill is House File 1119 and companion Senate File 811. This bill provides that 2% of motor vehicle insurance premiums be dedicated to police pension funds. This will not affect present'premiums as this 2% has been collected for a number of years and placed in the general fund of the State of Minnesota. In the case of Rochester, these monies could amount to as much.as, or more than, one mill of taxation thus relieving the local tax burden. If our governing body would see fit to pass.a resolution supporting this bill,.this would be related to our local Senators and Representatives and the Minnesota Police Pension Council which would bring it to the attention of the committees involved. Thank you for your consideration in this matter. ROCHESTER POLICE RELIEF ASSOCIATION Joe L. McDermott, Secretary MEETING REQUEST FOR GOLH'�IC`@L lla(C700N DAZE: 4Z1 /71 r � FOR C0UINC,�L AC 7 Ei©eA MEDAIE G 4/19/71 MEETING_., - 4/19/71 AGENDA SECTION: ORIGINATING DEPT: Recommendations City Engineer ITEM: ITEM DESCRIPTION. N 0.j5�l City -County Street Improvement Agreement (7th Street N.W. ) PREPARED BY: C.A. Armstrong This is an agreement whereby the County agrees to participate in. the construction costs of the proposed 7th Street N.W. Improvements between llth Avenue N.661. and Valleyhigh Drive, which is also designated as County -State -Aid -Highway '-'33. The agreement provides for payment by the County of 3250 linear feet at $18.00 per foot for a total of $58,500. This rate is the estimated cost per linear foot 'of the center 24 foot width which is considered' to be the County's jurisdiction. Council Action: Adopt a resolution authorizing execution of agreement. attachments: Letter Resolution 6 copies of Agreement COUINCEL ACT 10111. Motion - by: ._ 10 f Af"�4�7 f-� ann a, a� MEETING 4-12_71 L •a L Ctii F E S ' u' 0 [`1 v J e v lt. ACM , N DA'f E AGENDA SECTION: ORIGINATING DEPT: 6505-71 Recommendations Engineers Dept. :M:( ITEM DESCRIPTION. NO. G"�U San i tary- Sewer & Water Mains to R. E.A. Site PREPARED BY' C.A.Armstron_9_ This is the Council Action to .officially initiate the local improvement project extend"ing sewer and water mains to the R.E.A. Site, and order -a hearing on the project. The estimated cost is $t+-3'CF. j J.. The Council Committee -has previously recommended that the project be initiated. Council Action Requested: Adopt Resolution #2A initiating project and ordering City Engineer to make Feasibility Report.' Adopt Resolution #3A receiving Feasibility Report and ordering hearing. ,,U r�] C 5 L A CMP § V: Motion b y:_._.� Second b y; �_ �, to: .�... — ETIN Rr;()r; 'ST ,.,,1qj ^.� r" MEDATE G 4-19-71 IAGENDA SECTION: ORIGINATING DEPT: Pl ans 71 03 Recommendations Engineers 108351) ITEM: ITEM DESCRIPTION: N O'E-`r ProDosa1 for Engineerinq Services - McGhie & Betts PREPARED BY: C.A.Armstron This is a proposal form and agreement_ to engage McGhFe & Betts to provide plans, specifications and Engineering Inspection of the sewer and water extensions within. the Minnesota Bible College Addition. The construction will be done under an "owner" contract and the City will be reimbursed by owner for engineering costs. Council Action Requested: Adopt a resolution accepting this proposal. 1.+�vELC4�o Motion 6y:-m.� Second by•,��.•_s,. Io: MEETING [���i���r•'� c�"�1jii �lo'llati'i��J� `.1 ��ll �E�DATE: 4-19-71 e Y (AGENDA SECTION: ORIGINATING DEPT: I Reports and Recommendations Finance irEM: ITEM DESCRIPTION. PREPARED BY: ff N O. L``� Retainer services - risk management (insurance) Ed lloline The Finance Committee recommends that the City Council engage the firm of Ebasco Services Inc. as insurance consultants for one year. The committee also recommends that the City accept the attached quotations number 1, 4, and 5 on the Auto (fleet) policy to be renewed May 1, 1971. The annual savings to the City would be $4,801. The City in 1970 employed E=basco Services Inc. to do a comprehensive insurance program analysis at a cost of $3,000. Their purpose in the present proposed contract would be to assist the City in writing specifications on insurance. policies to be revised and to evaluate -the bids on those policies on which bids would be called for. The -attached quotations were requested, in -accordance with recommendations contained in their insurance program analysis. The cost of their retainer'services would be $1,980 in fees plus traveling estimated at $500. This cost of $2,380 would be offset against the $4,801 annual premium savings. �0`�'.. MQD1�� G .�a i � is �, Motion by: Second b y ; _ t o : �A,_...m•.a..>.._ _ _ dE l`� Von C0Ua' 6 L A0 1 C)H E M EDAT E G 4/19/7.1 AGENDA SECTION: CRIGINATING DEPT: Reports & Recommendations Finance IILIVI: f ITEM DESCRIPTION: PREPARED By: N O• E /� Award of Bids Ed. Molii [A. Bids are'to be opened at 11:45 A.M., April 19, 1971 for the seasons' supply of the following construction materials: Plant Mixed Bituminous Quartzite Road Oil and Cutback Asphalt Washed Sand, Gravel and Crushed Rock A tabulation and recommendation will be submitted at the Council meeting. B. Bids are -to be opened at 11:45 A.M., April 16, 1971 for furnishing the following items: 1. (3) 25,.500 GVW Truck Chassis, two for the Street and Alley Department (replacements) and one for the S.T.P., and one 50,000 GVW Truck Chassis for the S.T.P. Tank Truck. 2. (3) Dump Truck boxes for 'the above 25,500 GVW Chassis. 3. Replacement of roof on Digester #k3 and #4 at the Sewage Treatment Plant. The Finance Committee, at their 3/29/71 meeting, withheld their recommendation for additional _appropriations for repair of these roofs pending a review of the bids received. A tabulation and recommendation of the above.bids will be submitted at the Council meeting �(�,_UU�JCPL AC7 00*1: Motion by: Second by: to; n MEETING ORIGINATING"DEPT: AGENDA SECTION: Reports and Recommendations Personnel Dept. ITEM: ITEM DESCRIPTION: PREPARED -BY: N 0. Changing'City Policy to -include residenc bo d r to �lms e� ounty. J.C. Haas The Personnel Advisory Committee recommends that the resolution Changing the residency boundries to include all of Olmsted County be adopted. Some Reasons: ` 1. To accede to the desire of some City employees td live. beyond the present boundaries. 2.. Urban lines are dissolving. 3. To assist in recruiting better employees. 4. The local school board has permitted its employees to rdside.ouiside its district boundaries for some time. iCOUHCrl AC Yd OINI Motion by:^���.^ Second by- ,.� to: _- r T�i-Sy VD�> n 1l MEETIN DATE G April 19, 197 AGENDA SECTION: ORIGINATING DEPT: Reports and Recommendations 1. . Planning EM: ITEM DESCRIPTION. Request for Authorization to park a Porta Panel PREPARED BY: on Apache Mall Shopping.Center. April 14,•1971 'City Planning Department: The attached letter of application from the Sierra Club has been reviewed by this department for compliance with the provisions of the Zoning'Ordinance. We find that the Zoning Ordinance (Paragraph 43.045) makes provision for the Board of Appeals -(Common Council) to authorize temporary signs and banners. The location described in the application is zoned as follows: 1. Apache Mall Shopping Center - B-3 District This location would be acceptable since ground signs and billboards not exceeding 600 square feet of area are permitted in this district. If the Council chooses tQ authorize the Porta-Panel for this location, we would suggest that some means of adequate anchorage be provided to prevent this sign from being tipped over or moved due -to unusal wind velocities. Council Action Needed: 1. If the Council wishes to approve this application it can be done by a motion. The applicant should then get a Zoning Certificate from the Planning Department. Attached: 1. Copy of letter from the Sierra Club. Distribution: 1: City Clerk 2. City Planning Department Y � / w' U r.l ii (r LACTO 9 Grid a !v1 o t i o n by:_ S e c o n d by: to: - a 503 15th Aye . Sir - Roahest,;r, 1•`innoacta A ril 1.4, 1971 City Yls4nnir,g Oftio� Rochester, 1"innc s of a Dear Sir: Sierra Club is Blass roeyc•liu ?rojcot. The si+,c: ;rill fie ;he etipae".(` l.iall purkinif. lot. 1'e would very :nur;.h z )precietite your ?er:l3.sai.on to Ilse the por.ta p:+:tel voe e1 sVn. i'he s.i n r.onld be planed at a rijht anF jc to our truok for the _purpose of cre.atirxe a "stag•111fr area" a:td' also would sere to easily identity the.site. :'ic-projeot is to 1'orin A')ril 22, a;1d will be 3inenrely, (N,ra.) Cynthia DP-Ttbe Committee on Solid i"'asta Sir+rr. a Club RREQUE.ST F F.1, COU,"]U L ACT I OIN DA'T E : 4/19/41 I�r; R r �� n� + �� MEETING F2rEish:�t. Sd COS C04jr,.CuL f'ac�,u 8(),H DATE: ARril 19,197 AGENDA SECTION: PORTS AND RECOMMENDATIONS ORIGINATING DEPT: PLANNING IL:M: ITEM DESCRIPTION: Amend The _ City's Adopted Land Use Plan By PREPARED BY: N O. /r Designating Lands Along The East Side Of U.S. 52 North In The Allendale Subdivision As*Being Best Suited For :tedium Density��• ;, _ Ci ��//�� 3� Residential Use F April 15, 1971 City Planning and Zoning Commission Recommendation: On April 14, 1971 the City Planning and Zoning Commission considered a petition to change the zoning districting on Lots 15 and 16, Allendale Subdivision and a part of our consideration was the need for a Land Use Plan change in this area. Our attention was called to the fact that the Commission had initiated an amendment to the Land Use Plan back in July 10,'1968 and had made a recommenda- tion to the City Council. The Council accepted this recommendation on July 15, 1968 and set a public hearing for August 5, 1968. The hearing was held and closed on August 5, 1968 and the Council at that time referred the matter to the Public Works Committee to resolve the street pattern and general land use in some detail. As of -this date, the matter is still in the hands of the Public [,forks Committee but it has been dormant for the past three years. Council Action Needed: 1. We would like to suggest that the matter of amending the Land Use Plan for Allendale be reactivated and brought to a decision, as soon as possible. We have two other petitions for re -zoning in Allendale being carried as tabled items until a decision is made on the Land Use Plan. 2. The Council's attention is also -called to the petition to re -zone Lots 15 and 16 Allendale Subdivision to the B-3 District which.has been scheduled for hearing on May 17,1971. Attached: 1. Copy of the.City Planning and Zoning Commission recommendation date July 12, 1968. A DISTRIBUTION: 1. City -Clerk 2. City Planning Department file )Ul'ICHL AC RO'nV: Motion by:�� Second by. to..,—. — CITY PLANNING AND ZONING COZ2MISSIO'N j Room 22, Summit Building DATE: July 12, 1968 717-3rd Avenue S. E. Rochester, Minnesota Honorable Mayor and Common Council City of Rochester, Minfiesota RE: AMEND THE CITY.'S ADOPTED LAND USE PLAN BY DESIGNATING LANDS ALONG �E— .kST S- �: E P u: 0S. 92 NOR TH I N THE. ALLENDALE SUBD IV I S.I ON AS —E1ItG BE l SIHTED FOR ,iEP I U11l !?ENSI TY RESIDENTIAL USE, Gentlemen: The City Planning and Zoning• Commission at a f equ I ar Meeting held on July 109 196-R reviewed the above proposal to amend the s Adooted Land Use Plan. We findthat the property owners in the area are very much interested indevelopinq their land for mufti —family use. The area already con— tains a neighborhood park and there aretwo elementary schools near by and a new junior high school is beinrl planned close by. Access to the property alonq the. east side of U.S. 52 is from a frontage. road which should -cause a minimum of increase on traffic loads in the interior of Allendale when it is developed. Streets will haveto be established and acquired for public use and improved. Also utilities will have to '-e installed to serve the area. Based on the above findings we recommend that the City's Adopted Lend Use Plan be amended to designate the property along the east side of U.S. 52 North in the Allendale Subdivision as bei-ng best suited for medium density residential use. Respectfully submitted, CITY PLANNING AND ZONING CO11RHISSION J. C. W e l gs President FILE: City Clerk City Planning & Zoning Commission General: FORM NO. 2 Attached: (1) Copy of Land City Planning & Zoning Commission's Recommendation Use .Plan Showing File: (1) Land Use Plan Pronncapd RAvicinn Vs L3; 'D C- 0 -4 J`!T R I A L 1 0 6 �j Fi v e C"D (7 6 0 � N\ NORTHRIDGE" Ol 6,D• • 0 0 0 • 7-j c • L L� MEETINGA -April 19 DAIE: - p , 19 AGENDA SECTION: ORIGINATING DEPT: -�,`'ORTS,AND RECOMMENDATIONS' ITEM: I ITEM DESCRIPTION: N 09-� April 16, 1971 PLANNING ural Service`District Designat 'PREPARED BY: City Planning Department: A., The following described properties are currently designated as a Rural Service District but they have been platted and should now be placed in the Urban Service District: 1. -Block 4, Apache Mall Shopping Center Subdivision 2. Meadow Park Eighth Subdivision 3. Bracken Mead Second Subdivision 4. Summit Square First Subdivision 5. Pennington First Subdivision B. The following described properties were recently annexed to the City of Rochester and could be designated as a Rural Service District: 1. Hunt, Dashow, Toddie, Davies and-Weichselbaum property around Pine- wood School. (See attached legal description.) 2.' Doughboy property (Old Turkey'Farm) (See attached legal description.) Council Action Pdeeded: 1. If the Council wishes to make the above changes it should instruct the City Attorney to prepare the necessary legal documents. Attatihed : 1. Legal description for Hunt, Dashow, Toddie, Davies and Weichselbaum property 2.- Legal description for Doughboy property LP4_� DISTRIBUTION: L City Clerk r 2. City Planning Department file � �la UN- � r([Dn', o t i o n by:��m�� Second by:... to:- -- .ref "II? 7 P® .--� 'Fourteen of-the?orth east quarter (:?J-1/1;) of Section -- t1�I'hirten !1 Township A a c �;: ,. �� 3) , To _s__ip One t�urdre f �ix ( 06 �_:. :pan ge Fourteen_ �,1 ) ?r'., l,Tint• East of the ^�� road. e::ct0U ,.� �� corinencin ; at the northeast corner of Section Thirteen 19 (13) , . the,Lce ?";eSis on the Ho'rth lire of said t sec �_on 1054-$ Feat to the center of the ?:•ublic road for a place.- of beginning, thence Nast along said ":ortr. lire P� lit, 195.33 Feet, thence South 70 361 Fast 450 Fect; thence 0 � West 195.,33 Feet to, the center line of the -.public road tjv thence Ilorth 70 •361 I`Iest 450 Feed; alonE the center, P said road to the place of beginning;. and .except .3l acres for.. -school; and -except commenci r_g at a __t in the EasL, line of said . Section Thi rtecn (13) , ;:i ch is 15a22 Feet Plorth of the Southeast Carter of t_a Northeast Quarter of the ?.Iortheast•:Quarter (UN-1%L, I:IE-1/�) of s31d" Section, thence '�ort:� S-Jo West 77088 Feet for a place of be -inning, thence South 172, 9?. Feet, thence South 800 71 East 77. 8.8• Feet to ti e East line of said Section, thence South' 175.50 Feet , e-thenob r'crth 800' 71 '.Test 126.92 Feet, thence ::o_,�h 34-51. Feet, t7% toence South 800 71 East 49,04 Feet the ... ..,place of beginnin. , 31 "EQUEE T MR'cou"'I ,tlL i%( p l� -,i ,y��DATE:�4/19/71 I AGENDA SECTION: ORIGINATING DEPT: Reports & Recommendations Building & Safety ITEM DESCRIPTION: PREPARED BY: N O•Amendment to Heating, Ventilating & Air -Conditioning Cod . J. Koskovich FThe H.V.A.C. Code Board of Review recommends that Section 94.080 of the Code be amended as follows for clarification purposes: 94.080 Room Heaters (1) Installation in Sleeping Quarters. Room heaters installed in bedrooms or sleeping quarters shall be of the direct. vented type having a sealed combustion chamber provided with outside air for combustion and vented directly to the atmosphere. Units with draft diverters, which open into the occupied space, thus making it possible for products of'combustion to enter the heated space, will not be allowed. The.present wording is as follows: (1) Installation in Sleeping Quarters: Room heaters shall not be'installed in bedrooms(or sleeping quarters when such heaters depend upon air for combustion from the room in which they are located. This rewording does not change the intent of the Code, nor.does it affect the present interpretation— It more clearly specifies the -type of unitthat is acceptable for installation in sleeping quarters. The Committee of the Thole, at their 4/12/71 meeting, recommended approval of the proposed amendment. Council Action: If the Council decides.to proceed with the proposed amendment, the City Attorney should be instructed to prepare the necessary ordinance. Motion by: Second by.-. to; " �U L� �' i � L \s �j� C I L AC, E (0) 1 M EDAT E .'C� 4/19/71 AGENDA SECTION: I ORIGINATING DEPT: Reports and Recommendations Legal ITEM DESCRIPTION: PREPARED BY. N O. N Resolutions and Ordinances for 4/19 71 G. Swans FThe following list of resolutions and ordinances is not necessarily. complete. The City Attorney may introduce additional items at the Council meeting. A. Resolution - Authorize the Mayor and City Clerk to execute the release and indemnifying agreement dated March 12, 1971 between the City, Worthington Corporation -and Federal Insurance Company relative to the contract for Surface Condenser and Auxiliary Equipment. B. Resolution - Adopting a resolution passed by the Public Utility Board, Apri•1.13, 1971, granting a leave of absence to- 64— Mrs. Maxine Klingsporn, Billing Machine' Operator I. Mrs. Klingsporn has not fully recovered from surgery and'has.used up all of her sick and..vacation leave. C. Resolution '- Authorizing and directing the Mayor and City Clerk to execute Change Order documents.to the contract with Worthington Corporation for Surface Condenser and Auxiliary Equipment. - D. Resolution - G� E. Resolution - J K The original contract amount is $277,800, however, a change in the condensate pumps causes a'reduction'of $212 in the contract price. Amending the employment policy of .the City to read as follows: Amends the first sentence of Section 2 (b) Residence Requirements (1), to read as follows: "Except as hereinafter provided, all employees of the City must reside within the territorial limits of Olmsted County." Declaring certain lands annexed to the City by Ordinance 'No.,1479 to be rural in character and ordering them to be included in the Rural Service District. (Copy attached) e,y Ui VJ(,,'BL [C DPP(0yjo Motion by: Second- by: __ to: =2- Reports & Recommendations 4/19/71 F. Resolution - Amending the Comprehensive Parking Resolution (Copy attached). This matter was approved at the April 5, 1971 Council meeting. _- RESOLUTION .BE IT RESOLVED by the Common Council of the City of Rochester that pursuant to Ordinance No. 1466, Section 4, the following described lands. which were annexed to the City of Rochester by Ordinance No. 1479 are hereby declared to be rural in character and are ordered to be included in the Rural Service District effective with the taxes due and payable in 1970: "All that part of the Southeast Quarter of Section 22, To 107 North, Range 14 West less the following described platted lands: 1. Elton Hills First Subdivision 8: Crescent Park Fourth Addition 2. Elton Hills Second Subdivision 9. Crescent Park Fifth Addition 3. Elton -Hills Fifth Subdivision 10. Crescent ,Park Sixth Addition 4. Elton Hills Eighth Subdivision 11. Crescent Park Seventh Addition 5. Crescent Park First Addition 12. Crescent Park Eighth Addition 6. Crescent Park .Second Addition 13. Tower Terrace Subdivision" 7. Crescent Park Third Addition BE IT FURTHER RESOLVED that the City Clerk is directed to file a certified copy of this resolution with the Olmsted County Auditor. Passed and adopted by the Common Council of the City of Rochester, Minnesota, this day of 1971. President of said Common Council Attest: City Clerk Approved this day of Mayor of said City (Seal of the City of Roc)iester, Minnesota) , 1971 1%.WL.' W.W W .L A. V1Y - BE IT RESOLVED .by the Common Council of the City of Rochester that the comprehensive resolution adopted by the Common Council on October 20, 1969, establishing parking, truck loading, passenger loading, parking meter regulations and provisions, primary and one-way streets and alleys, pursuant to Ordinance No. 871, as amended, is hereby .further amended as follows: Section B, No Parking Zones, Paragraphs (146) and (147) are amended in their entireties to read a•s follows: " (146) -Seventh Street Northeast on the south side of the street from North Broadway to a point 280 feet more,or less east of Broadway at all times. " " (147) Seventh Street Northeast on the north side of the, street from North Broadway to a point 150 feet more or less east of Broadway at all times. " Passed and .adopted by the, Common Council of the City of Rochester, Minnesota this day of 1971. Atte st: President of said Common Council City, Clerk Approved this day of 1971. Mayor of said City (Seal of the City of Rochester, Minnesota) n rq MEET ING G'�,CU[72'� F 0-M �_.,1�'L�� +i�.. Pa�:r 11' PD. �l DATE . 4-19-71 AGENDA SECTION: ORIGINATING DEPT: 1 Tabled Items City Administrator ITEM: (( ITEM DESCRIPTION: PREPARED B.Y. • NO. G Yl Upper Zumbro Soil & Water Conservation District Requests J. Andre The Upper Zumbro Soil and Water Conservation District is requesting that the City of Rochester adopt the following resolutions: 1. Resolution requesting that special legislation be enacted making the City of Rochester and Villages in the Gounty of Olmsted a part of the Upper Zumbro Soil and Water Conservation District. The main advantage,of this is that the City of Rochester would then have representation on the district board of supervisors, which it does not now have. 2. Resolution whereby the City of Rochester and the Upper Zumbro Soil and Water Conservation District endorse a southeastern Minnesota Resource and Development project. Each unit of government is to assist in the preparation of a project application and the development of a project work plan. Each unit is to-appain't one of its members to assist in project development, administration, and as members of a project committee. A Resource Conservation and Development project is a means of obtaining additional technical and financial help for local groups in conserving and developing their natural resources, and in seeking development funds from other federal, state and develop- ment projects. This matter was considered by the Council at their 3-15-71 meeting and was referred to the City Attorney for further review. This matter was again brought up at the 4-5-71'Council meeting, at which time it was tabled and referred to the Committee of the Whole. The Committee of the Whole considered this matter at their 4-12-71 meeting at this meeting, representatives of the Upper Zumbro Soil and Fiater Conservation District indicated that the Soil Conservation planning funds have been reduced to zero for 1971. It was their contention that if Rochester'were a part of the district, this would increase the chances that planning activities would be funded. f G('` yHCUIL A fl4.1N: Motion by:� Second by:_...�a....��r to: - The State office of the Soil Conservation Service indicated, by.a telephone 4 conversation 4-13-71, that their planning schedule for the South Zumbro Watershed called for concentrated planning efforts to begin 15 months from now, with the report completed by the end of..1974 based upon the present funding'levelo This study is expected to cost approximately $170,000-$200,000. It was also indicated that this schedule is coordinated with the schedule of the Army Corps of Engineers, and that during at least 5 months of this planning period the entire state staff will be concentrating on this project. - 2 - INFORMATION 1. Minutes of the Standing Committees 4/12/71 2. A public hearing will be held May .6, 1971.at 10:00 A. M. in the County Court House concerning the "annexation to the airport" which -was approved.by the Council May, 4,, 1970 3. Notice of Injury - Mrs. Elmer Arch, Jr. (referred to Insurance and Attorney) 4. Referred to Planning and Zoning: (a) petition to rezone property on the corner of 5th St.N.W. and llth Ave. N.W. from R-3 to B-lb (Phillips Petroleum Co. - Northgate 66) .(b) application for a variance -.713 loth St. S.W. (Vivian M. Ibach) (c) application for a variance to vary the sign height requirements on property located at 16th Avenue N.W. and 5th St. (Standard Oil Service Station - Robert L. Livett) (d) application to vary the side yard requirements on property located at 1411 - 14th Avenue N.E. (John P. Sibley) (e) application for a variance to allow a portion of a proposed building to overlap City property - 608 7th St. N.W. (John Hoisington) (f) application for a variance to vary the sign area requirements at 417 - 6th St. S.W.-(Rodney A: Young), 5. Letter from Planning Commission re: Wilmar Enterprises proposal to buy City Property (referred to Finance Committee) e STANDING COMMITTEE,.AGENDA t SUMMIT BUILDING APRIL 10, 1971 - PLEASE NOTE.- No meetings scheduled for Public.Works and Public Safety Committees. FINANCE COMMITTEE - 12:30 - 2:15 P.M.' 1. RADAR - Request �for Funds (Daryl Lee) (1:00 P.M.) . o o e fj�1-c�-��ti— �✓ L/`Gf. e, l 9 '7 � '�-�-Q-t-o---,-J - O _ U . A5 ��QJrO—N^--�n•tnR.�.�t.C+G. 'LF n.''! • Gti �i�C....�-�/J..LjG[L-•�,`('.� � �.=-s`—})� GEC-{.L�iftic.a�Ls"-,+ G�\C� P/ 2. Request from Joseph Daly Re: Deferment of Assessments for Allendale sewer and water project. (Letter addttached). T Y , 3._ Proposal to buy City property - Wilmar Enterprises. (Letter attached). ('1:30 P.M.) 4. Proposal to sell property to City - Wendland & Robertson. (Letter attached). n �'�_v •--1.•-:��r�i dv�_�2�� „�.�k... .�; ,2u.o-��.:...� cl�u.i.-.-..-i� � ZC-�-� . 1 .�:.,r � �,�1 •r..e:. /� t:...�., .�lfi a:.! �-:...;-rl ti-i , �,J.,e..c�,...a�,. (5. -,Request to engage Ebasco Service Inc. as Risk Management Consultants and limits on fleet liability.'`,;,�,L��,.,� COMMITTEE OF THE WHOLE-7 2:15 P.M. 1. Upper Zumbro Soil and Water Conservation District Requests. (Attachment)- This matter was tabled and referred back to Committee at the 4�/5/71 / Council meeting. c,;t �% � / r-1.rc.`.`�._-�. .•�--7 rv✓`�+�'1.-C-A.�-.t..'c. , • !� c/•[-!r ��!^^,� V wt-i•t.t�r� i/`�0 t��. ^�-1/.tee-r-rX C C- .:��� r•�-,•.✓ /r`^'rt� ��i.e�,--/ /:s-e2u�u.te<� �o • 1 �-:. :u�,s.-.ems G-�.i,..i..�`.-C..�A LCa-z1:.-�-d :" /.61.+ �...e7+./..�-!/� ., 2. Request of Robert Springer for a variance,from the Building Code as it relates to the Midway Building (Attachments). (2:30 P.M.) Mr. Springer is requesting this variance in order to convert office space in the building into apartments. Presently the exterior wall of this building is only one (1) foot from the -property lire, and Section 5.4 (b) of the Code prohibits windows on exterior walls =closer than three (3) feet from the property line. The Building,Code of Appeais,.on March 23, 1971 granted this variance provided that Mr. Springer acquire the'right of a minimum of 3' x 361, of the adjoin- ing property as a non -buildable area. Mr. Springer maintains he has been unable to acquire this right. �,�. �''`� J.,,_.c.cQ.c�l•G �a-�,L.,�,,� :.�1� Gc�/O/�...�-�.rvc,.t:ti.G,.v.�.t�--�.%—j'u•I -3- - , COMMITTEE OF THE WHOLE - con-' td . 3..`Review.offer of Skelly Oil Company concerning -the Skelly Lot. ( Letter Attached).. WL .ter 4. Consider Liquor Code Amendments, Re: Investigation fees ana pre- liminary building plans. () :� yP�-�- ` �K'• �L A 77 i )„c, /+..l�y��t.�i /QJ���t-o'��-�-.v`�� � �-�.^�1 .-c-rJ �--f���-•�C-� � � �Y?2.e"t-t„� ' G! �CJ�. C.e-f.>.�a-G..1C�•2�f1LPi ..a_oL2l�! GLv.� �y "Z� - �� l//•(�i �;. �S- u-^-eJG .v^���•:.i .1�J (� •(/ V �•. -�•'�.�.�.�Q• �j.Z G.'../.P�-c.A...�.i>. 5: H.V.A.C. Proposed Amendments ('Attachment). 6. Request of Pizza Hut for Preliminary Approval of a 3.2 Beer License. ( Letter Attached). Zb 7. Pending Legislation. 1) Sewer Bill, 2)'Property Tax Limitations, 3) Other - // /�-"""r.l''yy....-->a:1 iL...•�-•�-'G �--�'•-'d-t�.�^-�W.s-�7`� �✓„j^'.�,1 :� �i"'f'�/ ��'''^� �}��..-C-G-���...i . I 8. Second Avenue N.E. Street Improvement - Review of Plans.. 9 9 •% `% �l ✓ . � . '- ��+Ci'Nivy��.P �w"(.N , v �C/�^ J"l-G+C.i.y�..�-+�itrl`..`� INFO. ' In as much as a statewide sewer bill has passed out of Committee onto the House Floor, a- meeting of the City -County Sewer -,Committee has been scheduled for 8:00 P.M.,. Monday, April 12, County Court House. ✓ ...r%'..GL f r Zz.- , �•" � �; .�ui/ C�t�<'E..' _`„„� 1 �� L<� j.GT'I.�.G ..�. r.-e- L G L.. . n ' J� e y v- r_% _. �.� ley►/,� ZGr�= e--� . `-�-''c..`, �� ,Q,r �c:,L•r�� mow' �Lt: (-�', �v�,�c. -= r -. P 'l IC- / ITEM: ITEM DESCRIPTION: Request To Sell City Property Located West Of PREPARED BY: N O• City Dog Pound April 16, 1971 City Planning and Zoning Commission -Recommendation: -On April 15, 1971 the City Planning and Zoning Commission considered the letter from Mr. Dennis Peterson requesting the sale of lands to the west of the City Dog Pound to Willmar Enterprises. At this time, we are unable to find any public need for this property. We feel, it would be beneficial to the community as a whole for the city to sell this property. It would also seem desirable to consider accepting the original proposal of a land1trade for a parcel of land on the west side.of the Z umbro River that could be added to the park site along the West River Parkway: Council Action Needed: 1. This whole question has been referred to the Finance Committee. This recommendation should also be referred to the Finance Committee.' Attached: 1. Letter. from Willmar Enterprises 2. City Planning Department report 3. City Planning and Zoning Commission recommendation of May 12, 1976 DISTRIBUTION: 1. City"Clerk 2. City Planning Department.file r/% (TO Ol ,Iv. motion by: Second b y: _�_z�� t 0 Ll