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HomeMy WebLinkAbout09-26-1966628 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., September 26, 1966 Minutes of a special meeting of the Common Council of the City of Rochester, Minnesota, held in the Council'Chambers in the City Hall, in said City, on September 26, 1966. President DeVries called -the meeting to order at 4t00 o'clock P. M., the following members being present: President DeVries, Aldermen Day, Eirchten, Folkert, WCaleb, Perry, 0 Wilson. Absent: None. The call of the special meeting was read and President DeVries ordered the same placed on file, the said meeting having been called for the purpose of considering (1) changes in bus routes, stops, etc. (2) question of house owned by Sather at 8th Street and 8th Avenue S. W. and any other business the said Common Council may deem proper. The following letter signed by George C. Holter of Rochester City .Lines, was read: *Rochester City Council Rochester, Minnesota Ge°rutieGentlemen: As owner of the Rochester City Lines Bus Service, I wish to discontinue Sunday bus Service to become effective. October 9, 1966. Request for other changes effective Monday October 10. The Sunday Bus' Service brings in less revenue than what is would take to pay the drivers. On September 9, I announced through the Post Bulletin about the intention of discontinuing the Sunday service with the hopes that if there would be any objections from the public that the objections would be heard before this time and to my knowledge there have been none. . Other requests which I have at this time include the following. Extension of the N.W. route in order that some trips continue North on 18th Avenue N. W. to 38th Street N. W. thence west to 19th Ave. thence South to.37th St. N. W. thence West to I.B.M. when 37th St, is completed Presently South on 19th Ave. N. W. to 33rd St. and then either to I.B.M. or return to downtown via reverse reoute. Routing of some of the St. Mary's trips through S.W. Rochester via 2nd St. to 4th Ave. S.W. to 6th St. S.W. to 7th Ave. S.W. to llth St. S.W. to Hwy 52 to 14th Ave. S.W. to 2nd St. S.W. and return to downtown. This is the best way to satisfy those requesting service in the Southwest area and at the same time avoid the hills which would make a Winter Schedule very difficult. Minor rerouting of all routes as per schedule attached in order to serve the public better. Exhitib A. Minor time schedule changes as per schedule attached to cope with traffic conjestion at certain hours. As per schedule attached. Exhibit B. Change -in location of the Southeast and State Hospital loading areas as per Exhibit C. attached. We will work toward a good bus system which I believe the people will use. Very Sincerely, /s George C. Holter Rochester Bus Lines" Alderman Wilson then introduced a resolution that the request of Rochester City Lines Bus Service -to discontinue Sunday service in the City of Rochester effective October 9, 1966 and the request to make'the changes in routing, schedules and terminal loading areas set forth in Exhibit A, B and C be approved; that the Minnesota Railroad and Warehouse Commission is respectfully requested to approve and grant the proposed changes as approved by this resolution, which was read. A motion was made by Wilson, second by Eichten, and all voting in favor thereof, President DeVries declared the said resolution duly passed and adopted and the City Clerk was instructed to forward a certified copy of thics resolution to the Minnesota Railroad and Warehouse Commission. The following letter was then read: F� • 1 1 E 1 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., September 26, 1966 64'2)ll 1 r � U u 1 E 1 "To the Common Council of City of Rochester - Rochester, Minnesota Gentlemen: Mr. Sather's costs to date on the construction of the lot at 8th St. and 8th Avenue S.W. total $16,281.92 plus $500.00 attorney feess to date. These are actual expenditures supported by statements that will be furnished upon request. There is then in round figures a total of $16,750.00 actual expenditures. In the event that he is required to restore the property there will be an estimated $1,500.00 in additional cost. It is also estimated that there is approximately $1,000.06 recoverable from material on the site.' In view of these circumstances, and upon condition that Mr. Sather will remove all building material.only and without obligation to restore the property, he will accept the sum of $15,750.00 in full settlement in this matter. Sincerely, /s D. A. Hoops as Attorney for Lawrence M.Sather. Upon motion by Folkert, second by Perry, and all voting in favor, the meeting was recessed at 4:25 P. M. President DeVries called the meeting to order again at 5:25 P. M. with', all 1 members being present. The following resolution was then introduced and read: "WHEREAS upon the application of Lawrence M. Sather, the Inspection Department of the City of Rochester on April 19, 1966 issued a building permit to Mr. Sather authotaing the construction of a one -family residence on the premises known as 811 - 8th Avenue Southwest, and WHEREAS, since the issuance of said building permit Mr. Sather has expended substantial sums in constructing the said residence totaling in excess of $7,000.00 over and above the purchase price of the lot, and WHEREAS, it now appears that the construction of said residence pursuant to said building permit violates the front yard set back and rear yard requirements of the Zoning Ordinance of the City of Rochester, and WHEREAS, numerous citizens in southwest Rochester including the two abutting property owners have protested the construction of said residence in its present location and have demanded that the City revoke the building permit issued, enjoin further construction and require the removal of the portion of the residence heretofore constructed, and WHEREAS, in order to protect the integrity of the Zoning Ordinance of the City of Rochester and to avoid impariment of property values and other damages resulting to adjacent properties from said residence construction and in recognition of the probable error of the City in issuing a building permit and the damages sustained by Mr. Sather in proceeding in reliance thereon, the City is willing to compensate Mr. Sather in part for losses sustained by him in constructing the residence to this point, and WHEREAS, Mr. Sather has offered to settle and dispose of this matter on a compromise basis if the abutting property owner will carry through with his offer to purchase said property and the City will pay certain losses incurred by Mr. Sather in constructing on said lot. NOW THEREFORE, be.it resolved by the Common Council of the :City of Rochester that subject to the approval of the District Court of Olmsted County,Minnesota as required by Minnesota Statutes, the City will pay to the said Lawrence M. Sather the sum of $5,750.00 in part reimbursement of costs incurred by Mr. Sather to date in partially constructing the residence structure thereon.' This offer is made on the basis that Dr. Lynwood Smith, owner of abutting property will carry through with his offer to pay to Mr. Sather in return for a conveyance to him of the land involved the sum of $10,000.00 and will thereafter restore the premises to their former condition after Mr. Sather has performed the additional work which he has agreed to do as set forth below. This offer is made on the further basis that as part consideration for the settlement Mr. Sather will remove completely from the premises involved all building materials incorporated into the structure except the footings and will push into the basement excavation the fill dirt and soil presently piled near the constructilon site. The stome from the opening made in the retaining wall will be left on the site. The foregoing work will be done by Mr. Sather within ten (10) days working days after payment to him of the sums set forth above by the City and Dr. Smith. Be it further resolved that the City Attorney is 'instructed to seek court approval of the settlement of this claim forthwith. A motion was then made by Folkert, second by Eichten, that the said resolution be adopted as 0 630 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., September 26, 1966 read and upon roll call, Day, Eichten, Folkert, McCaleb and Wilson voting "aye" and Perry and DeVries voting "no", President DeVries declared the said resolution duly passed and adopted. A motion was then made by McCaleb, second by Day, and a1T voting in favor, that the Council consider business other than the call. ' The request of Disabled American Veterans for permission'to hold a forget-me-not drive on September 30, 1966 was read and upon motion by McCaleb, second by Day, and all voting in favor, the request was granted. Upon motion by Day, second by Perry, and all voting in favor, the meeting was adjourned. City Clerk