HomeMy WebLinkAbout09-02-19693-6Z
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., September?-2, 1969 •
Postier, second by Cherland, and all present voting in favor except Alderman Larson who
"abstained", the resolution was approved.
The claim of injury of -Raymond J. Becker of Merrill, Wisconsin for injury
sustained from a fall on the sidewalk, was read and upon motion by Postier, second by Cherland,
and all present voting in favor, the claim was referred to the City Attorney.
The claim of damage to a chain link fence by a plow owned by the.City from
Daryl L. McGowan of 921 Second Avenue N. W. was read and upon motion by Postier, second.by
Cherland, and all present voting in favor, the claim was referred to the City Attorney.
A petition with 42 signatures requesting that 2nd Avenue S. W. be changed into •
a "dead-end" or cul-de-sac at the south end which now enters 16th Street S. W. and that it be
so marked, was read. Upon motion by Strain, second by Ludowese, and all present voting in
favor, the petition was referred to the Planning & Zoning Commission; ,they were also
instructed to examine and study 3rd and 4th Avenue S. W. in the same location.
The following applications and petitions were read and upon motion by Larson,
second by Postier, and all present voting in favor, the same were referred to the Planning &
Zoning Commission:
1. petition with two signatures protesting zone change on Graham
property.
2. petition of Olmsted Medical Assn. Profit Sharing Trust and the
Lutheran Brotherhood opposing zone change on Graham property.
3. petition of Bemel Associates for change of zoning on property
at 16th Street and South Broadway from B-lb to B-3 zone.
4. application of Hubert Bailey for waiver of complieance with
resubdivision ordinance on Lot 5, Block 6, Sunrise Estates
First Subdivision and the east 30 feet of north 110 feet of
Lot 3, Sunrise View Subdivision.
The following tabulation of bids opened at 11:00 o'clock A. M. on September 2,
1969 was presented: Engineer's estimate
1. Traffic actuated signal and street light at 37th Street N. W.
and 18th Avenue N. W. 16,400.00
.Only one bid was received - H & H Electric Co.
2. Water main crossing at four locations on Valleyhigh Drive (CSAH) No. 4
between 21st Ave and 18k St. N.W.
Littrup Nielson Rochester, Minn. 2,792.00 2,874.00
Riverside Sand & Gravel Rochester, Minn. 3,156.00
Fraser Company, Inc. Rochester, Minn. 2,639.40*
3. Sanitary sewer and water main extensions to west k of Lot 21 in
Allendale Subdivision •
Littrup Nielson, In. Rochester, Minn. 21,155.00 21,258.50
Riverside Sand & Gravel Rochester, Minn. 18,587.00*
Fraser Company, Inc. Rochester, Minn. 22,427.45
4. Street grading and resurfacing, water main extensions and service
connections in Crenlo-IOI Site (Hendricks Subdivision) from 19th
Street N. W. to CSAH #4
Riverside Sand & Gravel Rochester, Minn. 103,075.10 91,682.00
Fraser Company, Inc. Rochester, Minn. 97,762.20*
Leon Joyce Constr. Co. Rochester, Minn. 99,141.65
Rochester Sand & Gravel Rochester, Minn. 103,886.35
5. Bids for curb and gutter on both sides of 5th St. S.W. from 15th to
16th Ave. S.W.''and the west end of vacated 5th St. S.W. and sidewalk
replacement on the south side as required.
To be readvertised for bids to be opened and received on September 15, 1969.
A motion was made by Larson, second by Postier, and all presented voted in
favor, to open the one bid received for the traffic signal. The bid of H & H Electric
Company in the amount of $15,850.00 was opened and upon motion by Larson, second by Postier,
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Record of Official Proceedings of the-"Coininon Council
of the City of 'Rochester, Minn., September 2, 1969
and all present voting in favor, the bid was referred to the Public Works Committee.
A letter from Alderman Larson requesting that the Common Council consider increas-
ing the fine on overtime parking violations from $1.00 to $2.00 and refer such consideration
to the Finance and Public Safety Committee for study and recommendation, was read. Upon
motion by Larson, second by Strain, and all present voting in favor, the recommendation was
referred to the Municipal Judge, the Mayor's Parking and Traffic Committee, and the Public
Safety Committee for study and recommendation.
The Mayor's appointment of the following as school crossing guards for the 1969-
1970 school year were each read and upon motion by Ludowese, second by Cherland, and all
present voting in favor, the appointments were confirmed:
Mrs. Agnes Vagt - 1137 7th Ave. S.E. - 8th Avenue and 12th St. S.E.;
Mrs. Carol Wegman - 933 13th Ave. N. E. - 9th Avenue and 14th St. N. E.;
Mrs. Melva Loftus - 1413 13th Ave. N. W. - 13th Avenue and 14th St. N. W.;
Miss Mary McElligott - 538 14th Ave. S.W. - 14th Avenue and 6th St. S.W.;
Mrs. Hilda Heusinkveld - 818 14th St. N.W. - 12th St. and llth Ave. N.W.;
Mrs. Mary Winkles - 124 13th Ave. S.E. - 13th Avenue and 4th St. S.E.;
Mrs. Mildred McGuire - 1314 2nd Ave. N.E. - 2nd_ Ave. and 13th St. N.W.;
Mrs. Donna Jorgenson - 838 5th St. N.W. - West Frontage Road and 6th St. S.W.;
Mrs. Joyce Maloy 3808 19th Ave. N.W. - 40th St. and 18th Ave. N.W.;
Mrs. Donna Cords - 1866 19th St. N. W. - 19th St. and 19th Ave. N.W.;
Mrs. Carmen Odegarden - 1118 1st St. N.E. - 9th Street and North Broadway;
Mrs. Alma Johanns - 415 17th Ave. N. E. - llth Avenue and West Center St.;
Mrs. Joan Yearous - 2243 Vanir Court N. W. - 369 Elton Hills Drive;
Mrs. Georgia Nelson - 1127 Elton Hills Drive - Elton Hills Drive & llth Ave. N.W.;
Mrs. Donna Carlson - 219 7th Ave. S.E. - 16th Avenue and llth Avenue N. W.;
Mrs. Marjorie Hentges - 800 Memorial Parkway - 6th Street and 7th Avenue S. W.;
Mrs. Joan Kujath - 1208 4th Ave. S. E. - 3rd Avenue and 17th St. N.E.(mornings only);
Mrs. Beverly Ryan - 1509 9th St. N. E. (substitute).
A letter from the Olmsted County Board of Health requesting the City of Rochester
to solve the sewage disposal problem in the Rochester Municipal Airport was read and upon
motion by Postier, second by Ludowese, and all present voting in favor, the letter was
referred to the Airport Commission.
A letter amending the reversion of the frontage road along T. H. 14-7 in Rochesterl
was read and upon motion by Strain, second by Postier, and all present voting in favor, the
letter was referred to the Public Works Committee.
A review of the application requesting a waiver of the requirements of the subdiv-1
ision ordinance as requested by Herbert Bailey on Lot 5, Block 6, Sunrise Estates First
Subdivision and the East 30' of North 110' of Lot 3, Sunrise View Subdivision as submitted
by the Planning Director and stating that this application fails to meet the requirements
for a metes and bounds conveyance because of the dedication of public utility easements are
involved and recommending that it be disapproved, was read. Upon motion by Larson, second
by Strain, and all present voting in favor, the recommendation was accepted and the request.
denied.
A petition with 20 signatures requesting that stop signs be placed on 16th St.
N. E. where it intersects with 7k Avenue N. E. was read and upon motion by Larson, second
by Strain, and all present voting in favor, the petition was referred to the Public Safety
Committee.
An analysis of the petition of protest against the proposal to change the zoning
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districting on the Graham Property (revisision of analysis dated 8-11-69), submitted by
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., September 2, 1969
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the Planning Director and stating that the petition was valid and would require a 6/7ths
of the Common Council to approve the proposed change.of zoning was read and ordered placed
file.
The recommendation of the Planning & Zoning Commission stating that they had
iewed the City Planning Commission initiated change of zoning districting on a part of the
"Graham Estate" property located just south of the Summit Building on 3rd Avenue S. E. and find
that if the "K-Mart" rezoning application is approved by the Common Council then a relatively
small R-2 District area would remain on a portion of the Graham property just south of the
Summit Building and feel that it would be more logical to place all of the Graham property in
the same zoning district and therefore they recommend that if it is decided to approve the
K-Mart rezoning application then the rest of the Graham property should also be rezoned to the
same B-3 zoning district, was read. Upon motion by Ludowese, second by Larson, and all present
voting in favor, the recommendation was tabled until final decision is made on the Graham-
operty for K-Mart.
The recommendation of the Planning and Zoning Commission that the amendment -to
the City's Comprehensive Plan to designate the property bordered generally by U. S. Highway
152 on the west, east Skyline Drive S. E: on the north, and Grandview Memorial Gardens on the
ast and south as a future commercial area be approved, -was read. Upon motion by Larson,,
second by Postier, and all present voting in favor, the recommendation was accepted and a -
hearing on same was set for 7:30 o'clock P. M. on October 6, 1969.
The recommendation of the Planning and Zoning Commission that a strip of City owned
property lying East of Country Club Manor and currently being used for drainage purposes be
annexed to the City, was read. Upon motion by Ludowese, second by Cherland, and all present
noting in favor, the Recommendation was approved and the City Attorney was instructed to
prepare an ordinance annexing the said land.
The recommendation of the Planning and Zoning Commission that a strip of land
on the west side of U. S. 52 located to the south of Phil's Fix -All (Mayo properties) be
annexed to the City was read. Upon motion by Cherland, second by Strain, and all present
voting in favor, the recommendation was approved and the City Attorney was instructed to
prepare an ordinance annexing the said land.
The recommendation of the Planning and Zoning Commission that they had reviewed
the petition to vacate part of an alley on Block 7, Highland Addition and find that there does
not seem to be any need for the City to retain this alley for street or utility purposes and
therefore recommend approval of the petition was read. Upon motion by Cherland, second by
Strain, and all present voting in favor, the recommendation was accepted and the City Attorney
instructed to prepare a resolution ordering a hearing on the said vacation.
The recommendation of the Planning and Zoning Commission that the zoning on the Clark
IStensrud property located at the S. E. corner of the intersection of U. S. Highway 52 and East
Skyline Drive S. E. from the R-1 to the B-lb District be approved (this does not apply to the
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Record of Official Proceedings of the Common Council
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William Perry or Grandview Memorial Gardens properties which were a part of the original
rezoning petition in this area) was read. Upon motion by Ludowese, second by Strain, and
all present voting in favor, the recommendation was accepted and a hearing on the change was
set for 7:30 o'clock P. M. on October 6, 1969.
The recommendation of the Planning & Zoning Commission that the application to v
the rear yard requirements of the Zoning Ordinance as it applies to the property at 1535
Graham Court S. E. be approved was read. Upon motion by Postier, second by Strain, and all
present voting in favor, the recommendation was accepted and a hearing on the variance was
set for 7:30 o'clock P. M. on September 15, 1969.
The recommendation of the Planning & Zoning Commission that the application to
vary the side yard requirements of the Zoning Ordinance as it applies to the property
located at 1010 15th Avenue S. E. be denied was read. President DeVries inquired as to the
legality of granting these variances. Mr. Swanson, City Attorney, said the Council has the
responsibility in granting a variance and the idea in the ordinance is to give you some
guidelines but if you are going to consider each one separately you are going to be hard
pressed -to deny any requests for variances; granting a variance requires a finding that the
effected property is somehow subject to an unusual hardship not experienced by other
property in the area, he said he would find it hard to believe that this is -an unusual
hardship. Alderman Larson said the petitioners had the optionto buy additional land from
the neighbor which would give them the required amount of land, he also said he thought the
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new ordinance would be considering some of these questions. Alderman Postier said -he had
been informed that they had attempted to buy extra land for 1' years and the neighbors would
not sell off any land, however, the neighbor does not object and to put it any place else is',
impossible; he said he thought these decisions were up to the Council members, they should
consider -each case separately and decide if there are any extenuating circumstances. All
present voted in favor of the motion made by Strain, second by Postier, that the recommendat:
be disapproved and a hearing be set for 7:30 o'clock P. M. on September 15, 1969 except
Alderman Larson and President DeVries who voted "nay".
Upon motion by Strain, second by Postier, and all present voting in favor, the
meeting was recessed. President DeVries called the meeting to order again at 4:45 P. M.
with all members being present except:Alderman Folkert.
The recommendation of the Public Safety Committee that parking be prohibited on
3rd Avenue S,: W. on the east side of the street from 1st Street S. W. to a poifit 150 feet
more or less south of 1st Street S. W. between the hours of 4:00 P. M. and 6:00 P. M., Mondal'
through Friday, was read. Upon motion by Strain, second by Larson, and all present voting
in favor, the recommendation was approved and the City Attorney instructed to prepare the
necessary resolution.
The recommendation of the Public Safety Committee that subsection 49.9 of Section
B of the Master Parking Resolution be amended to read as follows, was read: Second Avenue
366 Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., September 2, 1969 •
Southwest on the west side of the Avenue for a distance of 350 feet more or less immediately
south of 14th Street S. W. between the hours of 7:00 A. M. and"6:00 P. M. at all times. Upon
motion by Ludowese, second by Cherland, and all present voting in favor, the recommendation was
approved and the City Attorney instructed to prepaw a resolution. . .
The recommendation of the Public Safety Committee that parking be prohibited at
all times on 2nd Street S.W. on the south side from 9th Ave. S.W. to a point 100 feet more or
less west of 9th Avenue and on 2nd Street S. W. on the north side from 9=h Avenue to a point
75 feet more or less east of 9th Avenue; was read. Upon motion by Cherland, second by
Ludowese, and all present voting in favor, the recommendation was approved and the City Attorney
.was instructed to prepare the necessary resolution.
The recommendation of the Finance Committee that the City'.property located on
North Broadway, South of Elton Hills Drive, comprising approximately one acre of land be
advertised for sale, was read. Upon motion by Cherland, second by Strain, and all present
voting in favor, this was referred back to the Finance Committee until final action is
taken on the Kroger property.
The recommendation of the Finance Committee that a reply be sent to Mr. J. B.
IBagne of the Zumbro Development Company that the City is not interested in buying the
property at 308 - 3rd Avenue S. W., was read and upon motion by Cherland, second by Strain,
land all present voting in favor, the recommendation was approved.
The recommendation of the Public Works Committee that the request of the
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Planning and Zoning Commission to retain the firm of Community Planning and Design Associates
to propose revisions to the Zoning Code be approved, was read; it was furtherrecommended that
(1) that $6,000 be appropriated from the contingency fund for current year expenditures and
the remainder be provided for in the 1970 budget and (2) that the City Attorney prepare the
contract.agreement and authorize the Mayor and City Clerk to execute said agreement. Upon
motion by Larson, second by Postier, and all present voting in favor, the recommendation was
approved.
The recommendation of the Public Works Committee stating that they had met with the
Fire Department Chief, Assistant Superintendent of the Water Department and the City Engineer
on the question of water for fire protection at the Community Development Plan south and west
of McQuillan Drive N. E. in Rocky Creek 1st Subdivision and on the basis of the information
provided by the Developers representative, the Fire Department, we cannot determine that the
water pressure and volume will meet acceptable standards for fire protection.for the proposed
structure and;therefore recommend that the project not.be approved, was read. Upon motion by
Ludowese,second by Cherland, and all present voting in favor, the recommendation was approved.
The recommendation of the Public Works Committee that the bid of Riverside Sand
and Gravel Company in the amount of $19,587.00 for construction of sanitary sewer and water
main extensions to the West 'k of Lot 21 in Allendale Subdivision be accepted, was read. Upon
motion by Larson, second by Cherland, and all present voting in favor, the recommendation was
approved.
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Record of Official Proceedings of the Common Council 369
of the City of Rochester, Minn., September 2, 1969
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The recommendation of the Public Works Committee that the bid of H & H Electric
Companykin the amount of $15,850.00-for installation of traffic actuated signal and street
light at 37th Street N. W. and 18th Avenue N. W. be accepted, was read. Upon motion by
Larson, second by Cherland, and all present voting in favor, the recommendation was
approved.
The recommendation of the Public Works Committee that the bid of Fraser Company,
Inc. in the amountt of $2,539.40 for construction of water main crossings at four
locations on Valleyhigh Drive (CSAH No. 4) between 21st Avenue and 18k Street N. W. be
accepted, was read. Upon motion by Larson, second by Cherlandq and all present voting in
favor, the recommendation was approved.
The contract bonds of Fraser Pompany, Inc.- (2) in the amounts of $175,802.31 and
$125,917.34 with Transamerica Insurance Company as surety; Riverside Sand & Gravel Company
in the amount of $59,444.67 with United States Fidelity and Guaranty Company as surety;
and Rochester Sand & Gravel, Inc. (2) in the amounts of $135,753.25 and $72,332.65 with
Transamerical Insurance Company as surety were each presented and upon motion by Larson,
second by Cherland, and all present voting in favor, the bonds were accepted and referred
to the Mayor for approval.
The license bond of Fuel Economy Engineering Company -in the amount of $1,000.00
with Federal Insurance Company as surety was read and upon motion by Postier, second by
Larson, and all present voting in favor, the bond was approved, the surety thereon
accepted and the bond was ordered placed on file.
The applications of Roger L. Stump (Stop-N-Go) for license to sell cigarettes
and "off sale" non -intoxicating malt liquor license" were each read and.upon motion by
Larson, second by Cherland, and all present voting in favor, the applications werereferredj
to the Public Safety Committee.
The application.. --of Stanley Watson for a commercial rubbish hauler's license was
read and upon motion by Postier, second by Ludowese, and all present voting in favor, the
license was granted.
A motion was made by Cherland, second by Ludowese, and passed unanimously, that
the semi-monthly bills in the amount of $394,327.70, list attached hereto, be approved.
Upon motion by Postier, second by Strain, and all present voting in favor, the.
meeting was adjourned until 7:30 o'clock P. M.
President DeVries called the meeting to order at 7:30 o'clock P. M., the following+
members being present: President DeVries, Aldermen Cherland, Larson, Ludowese, Postier,
Strain. Absent: Alderman Folkert.
President DeVries stated this as being ttie*time and place set for hearings on the
following projects:
Hearing on street grading and surfacing, water main extension and service
connections in Crenlo-IOI site (Hendrick's Subdivision) from 19th Street N. W. to County
Aid Road #4. There was no one present wishing to be heard. President DeVries declared
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., September 2, 1969 •
the hearing officially closed. A motion was made by Cherland, second by Strain, to
proceed with the project; all present voted in favor. •
Hearing on proposed change of zoning districting on the Graham property
located on the west side of 3rd Avenue S. E. between 8th Street S. E. and 9th Street S. E.
from the R-2 and R-4 District to the B-3 District. The following recommendation of the
Public Works Committee was read:
"Honorable Mayor & Common Council
City of Rochester, Minnesota
Re: Hearing on Zone --Change of
K-Mart and Graham Property
on 3rd Ave. S. E. (9th Street
S. E. Constructions Costs)
Gentlemen:
We have considered the construction cost and special assessments in connection
with the proposed new 9th St. S.E. construction between 3rd Ave. S.E. and South
Broadway.
The City Engineers Department has estimated the total cost of street
construction, sewer and water mains and traffic signals.
We recommend:
1. That the street plan for the location and construction of 9th St
SE from 3rd Ave SE to South Broadway, "without the extension of
lst Ave SE from 9k St to 9th St SE be approved. This lst Ave
extension is being omitted because it is a considerable expense,
and we do not consider it essential. It is felt that the extension
of 1st Ave SE from 9k St to the new 9th St, although it would
provide a short and convenient route to 9th St and Broadway for the
Sunnyside Addition neighborhood, would tend to attract thru-traffic
onto lst Ave SE, and result in a nuisance to the residential
neighborhood.
2. We further recommend that the construction costs of 9th St SE be
distributed and assessed as follows:
a. The grading, paving, sewer and water installations on 9th St
SE from 3rd AVE to RR right-of-way be assessed to the abutting
properties in direct proportion to their. frontage -
K-Mart tract north side of 9th St, 858 feet or 50%
Graham tract on south side of 9th St, 222 feet or 13%
Olmsted Medical Group tract on south side of 9th St,
636 feet or 37%
b. The costs of the 9th St construction (not including RR signal)
from the east line of the railroad right-of-way to Broadway,
plus the cost of closing 9k St at Broadway be borne by the
K-Mart development as a special benefit.
c. That the costs of the 2 Street traffic -signals and the
railroad crossing signal be met from public funds.
d. Distribution of the estimated costs based on the above
proposal is recommended as follows:
R-.Mart Graham Olmsted Total
Public Tract Tract Medical Estimated
Items Funds 858' 222' 636' Cost
a. 9th St SE 3rd
Ave to RR ROW 36,660 9,532 27,128 73,320
b. 9th St SE RR
to Bdwy & 9�
St crossing 16,824 16,824
c. Traffic & RR
crossing signal 78,000 78,000
Totals $78,000 $53,484 $9,532 $27,128 $168,144
PUBLIC WORKS Respectfully submitted,
COMMITTEE /s Robert Larson, Chairman
/s. Darrell Strain
/s Paul J. Ludowese
Mr. Erwin Miller of 921 3rd Ave. S.E. appeared in opposition to the proposed zone change
and gave the reasons (1) the execessive traffic that would be generated by the street, this
traffic would move through a residential neighborhood over streets not planned for this
heavy traffic (2) the noise which would eminate from such adevelopment (3) not knowing what
type of business was to be developed on the corner of 3rd Avenue and 9th Street (4) the cost
to the City for traffic signal and improvements which would be paid from general taxes and
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most of the people would get no real benefit; he also said he would like the Alderman from
the first Ward to correct the statement made by him in public that Mr. Miller was a member
of the John Burch Society, he said he is not now a member and never has been. Mr. Charles
Holloway spoke for Mrs. Hattie Gilmore of 726 3rd Ave. S.E. and said she was in favor of the
zone change, at the present time this property is a disgrace to the City, the weeds are
never cut and the yard is full of trash; she has lived here 68 years and her property is
right next to the Graham property and she was in favor of the zone change. Mr. Rayman Hasley
from the Rochester Chick Hatchery at 1001 1st Avenue S.E. was present and spoke in favor of
the zone change. Mrs. Hyacinth Rasmussen of 908 3rd Ave. S.E. opposed the zone change, she
said Olmsted Medical Group was building now and if 9th Street was not put through they would
have curb cuts onto 3rd Avenue, so she felt the construction of 9th Street was just for
K-Mart and people should not have to pay for this; she also said the cars that would be
coming onto 3rd Avenue would be many more than 3rd Avenue could handle. Mr. Thomas Keute of
910 4th Avenue S. E. opposed the zone change and suggested that K-Mart move out further like
maybe next to the Elks Club where there is land available. Mrs. Florence Sandok of 1516
13th Avenue N.E. said she thought the Graham house should be kept as a historical building,
there were many other places in the City where stores could be built that were already in the
right zone. Mr. Dennis Peterson, Attorney was present representing Olmsted Medical Group
and said he understood the above recommendation of the Public Works Committee was also being
acted on this evening and he (1) thought there was a question as to the legality of such
distribution of the assessments, he does not think it valid and (2) they feel they,are
deriving no benefit from this street and no place near 37% and feel the assessment is unfair
and unjust, Olmsted Medical has pro vided their own egress and ingress and object to the
assessment as proposed. Mr. Paul Moore, the developer of K-Mart, said their plan is flexible
and they are trying to work in as close harmony as possible with the City; he said they were
going to have a nice building here and felt 9th Street would help the traffic situation in
that section of town; he said they would not only be adding to the tax roll on their own but
also the number of employees homes they would have, he said they were trying to do the best
they could and hoped the zone change would be approved. Alderman Postier inquired what was
planned for the Southeast corner and Mr. Moore said they had a prospective tenant and there
would be something there that was harmonious with the other building, it appears as if it
will be a restaurant with a seating capacity of about 180 people, he said K-Mart would be
open on Sunday from noon on until he did not know how late.but felt with 9th Street in there
would be less noise than on,3rd Avenue. Alderman Strain inquired if there would be any
objection to people from the church on 3rd Avenue using the parking lot and also if there
would be trees and buffering on 3rd Avenue; Mr. Moore said they had no objections to the
people from the church across the street using the parking lot on Sunday morning and in the
evening and they were going to use some of the brick from the Graham house to continue the
fence and they had met with the Beautification Committee and were working with them. Mr.
Erwin Miller asked where the trucks.would go from the 7-Up Bottling Building and also the
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of the City of Rochester, Minn., September 2, 1969 •
school warehouse, they would have to go through a residential district on 1st Avenue unless
the weight restrictions would be changed on 3rd Avenue, he said the one way streets proposed
had not been discussed, if Broadway is made one way North the fire trucks would have to go
around a couple of blocks to get -south. There was no one else present wishing to be heard.
President DeVries declared the hearing officially closed. A motion was made by Ludowese,
second by Postier, to accept the Planning & Zoning recommendation to change the zone and
instructed the City Attorney to prepare the necessary ordinance. Alderman Strain of the First
Ward said he thought it important that he tell the people out here why he favors the shopping
center, he said he thought it was a.chance for a new development for the City, it fits well
into the zone plan keeping in mind we have industrial on the North and West and there could
be a time in the future that we would have industrial on the Graham property; the zone change
will be restricted to the property proper it will not change the zoneing of residential
property across the street; there.is a chance for new jobs for the community, for new cash
revenue - we are overburdened by taxes now and we estimate to get"$88,000 as compared to
$13,000 which we get at present; it could be very true that there will be traffic generated
on these streets whether the shopping center is in there of not and our traffic engineers say
this traffic can be handled; I am not in favor of 9th Street extension across the Southeast;
as to the milk trucks going to the Dairy they will still be able to get in from Broadway and
the concern of the fire trucks, I believe that the trucks can go south on 1st Avenue West to
get to the same location as they now go south on Broadway; we have people in the audience
who have expressed approval of the shopping center; for the reasons I have noted I feel I
must support this change; as far as my answer to Mr. Miller concerning the John Burch Society,
I don.'t believe this is the place for personal vendetta, he said he could care less what
party Mr. Miller belongs to. President DeVries said he was a former Alderman of the First
Ward and was here when 3rd Avenue was reconstructed, he has had many phone calls about the
traffic and speed that will be generated,�3rd Avenue was built for the traffic in the Southeast
area and I think if this zone change is made 9th Street will have to be built and 9k Street
closed, also I believe it will warrant in the very near future removal of parking on both
sides of 3rd Avenue. Mr. Jack Dolan, Traffic Engineer, said with or without K-Mart you will
soon have to have parking removed on 3rd Avenue from 4th to 12th Street; the count now is
9000 cars and to change it to four lanes we would have to remove parking on both sides, he
said when you get up to 10,000 cars on a two lane street you are loading it up and 3rd Avenue
is almost loaded to the peak now. Mayor Day gave a short history on this property as to
how the City had tried to buy it for various things,•like arena, library, etc. but the cost
was so high they had not been Able to get it; he said he did not think the shopping center
would devaluate the property in this area and if he were voting tonight he would be voting
in favor of the shopping center here. Alderman Postier said he would like to have the
people realize that we are in dire need of tax money in the City of Rochester and in going
along with this we are going to increase it, about 1'k mills that you will not have to pay
in the future and therefore he would support the K-Mart. A vote was then called for on the
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motion and all present voted in favor except -President DeVries who voted "nay".
A motion was then made by Ludowese, second by Strain, that the recommendation of
the Public Works Committee re the construction costs on 9th St. S. E., copied above, be
accepted and the City Attorney proceed with getting the necessary agreements; all present
voted in favor.
Hearing on proposed change of zoning districting on lands known as the Till
Property N. W. from the R-1 District to the R-3 and B-lb District (Carpenter and Grieve
Development). There was no one present wishing to be heard. President DeVries declared the
hearing officially closed. A motion was made by Cherland, second by Ludowese, and all prese
voting in favor, that the City Attorney be instructed to prepare an ordinance making the
zone change.
Hearing on Community Development Project on area of land bordered on the north
by the extension of 26th Street N. W., on the south by 19th Street N. W., on the East by
25th Avenue N. W. and on the West by County Road A (Till -Grieve -Carpenter property). There
was no one present wishing to be heard. C. A. Armstrong, City Engineer, said there were a
number of things on the plan that should be shown before the plan is approved, he said -there
are no easements shown for sewer and water for 20th Street and they also show 25th Avenue
which is someone else's property. Upon motion by Postier, second by Ludowese, and all present
voting in favor, the hearing was continued until September 15, 1969 and the Planning Director
was instructed to meet with -the developers to discuss these items.
'Hearing on approval of the final plat of Valleyhigh Third Subdivision. There was
no one present wishing to be heard. President DeVries declared the hearing officially
closed. 'A motion was made by Postier, second by Cherland, instructing the City Attorney to
prepare a resolution approving the plat; all present voted in favor.
The recommendation of the Public Works Committee that the bid of Fraser Company,
Inc. in the amount of $98,137.70 for construction of street grading, surfacing, water main
extensions, -storm sewer and service connections to Crenlo IOI Site from 19th St. N.W. to
County State Aid Road No. 4 Hendricks Subdivision be accepted, was read. Upon motion by
Larson, second by Strain, and all present voting in favor, the recommendation was approvedw
The recommendation of the Public Safety Committee that parking be prohibited at
all times on both sides of Elton Hills Drive from 15th Avenue N.W. to llth Avenue N. W. - East
Frontage Road of Highway #52, was read. Upon motion by Cherland, second by Postier, and all
present voting in favor, the recommendation was approved and the City Attorney instructed to
prepare the necessary resolution.
The recommendation of the Public Safety Committee that the request of Rochester
Symphony Guild for permission to display the Symphony Banner at Broadway and 2nd Street S.E.
from October 3 through October 11, 1969 was read. Upon motion by Postier, second by Cherland;
and all present voting in favor, the recommendation was approved and the request granted.
A motion was made by Ludowese, second by Larson, that the following resolutions
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be adopted in block; all present voting in favor. A motion was then made by Postier, second
by Ludowese, that the said resolution be adopted, all present voted in favor:
Resolution approving resolution adopted by Public Utility Board to enter into
lease for property with The Kruse Company.
Subdivision.
Resolution accepting plat to be known and designated as Valleyhigh Third
Resolution authorizing Mayor and City Clerk to execute on behalf of the City
of Rochester the extension to the Gopher Aviation -Aeronautical Advisory Station lease.
Resolution directing City Clerk to advertise for proposals for three patrol
cars for the Police Department.
Resolution declaring cost to be assessed and ordering preparation of proposed
assessment for grading and surfacing of 6th Street N. W. from llth Avenue N. W. to 16th Avenue
N. W. and deferred assessments on account of construction of sanitary sewer and water main in
6th Street N. W. and llth Avenue N. W. to 16th Avenue N. W.
Resolution ordering a hearing on proposed assessment for grading and surfacing
6th St. N.W. from llth Avenue N. W.,to 16th Ave. N.W. and deferred assessments on account of
construction of a sanitary sewer and water main in 6th St. N.W. from llth Ave. N.W. to 16th
Avenue N. W.
Resolution ordering a hearing on proposed assessment for watermain extension in
East Frontage Road T. H. 52-14 from 11k St. S. W. to 14th Ave. S.W. (Olson Subdivision) and
deferred assessments on account of construction of sanitary sewer on 6th St. S.W. from a
point 190 feet west of 15th Ave. S.W. to a point 450 feet west; and in Block 2, Dresbach's
Addition; 14th Avenue S. W.; 15th Avenue S. W.; 8th Street S. W. and along T. H. 52.
Resolution declaring cost to be assessed and ordering preparation of proposed
assessment for water main extension in East Frontage Road T. H. 52-14 from 11k St. S. W.
to 14th Ave. S.W. (Olson Subdivision) and deferred assessments on -account of construction of
sanitary, sewer on 6th St. S.W. from a point 190 feet west of 15th Ave. S.W. to a point 450
feet west; and in Block 2, Dresbach's.Addition; 14th Ave. S.W.; 15th Ave. S.W.; 8th Street
S.W. and along T. H. 52.
Resolution approving plans and specifications and ordering bids for construction
of curb and gutter on both.sides of 5th Street S.W. from 15th Avenue S. W. to 16th Avenue S.W.
and the west end of vacated 5th St. S.W. and sidewalk.replacements on the south side as
required.
Resolution approving plans and specif ications.and ordering bids for Part II
of Street grading and surfacing, sanitary sewer, storm sewer, water main and service
connections in 19th Street N. W. and Block 4, Valhalla 4th Subdivision.
Resolution accepting bid of Riverside Sand & Gravel Company for sanitary sewer
and water main extensions to west k of Lot 21, Allendale Subdivision.
Resolution accepting bid of Fraser Company, Inc. for water main crossings at
four locations on Valleyhigh Drive (C$AH 4) between 21st Avenue and 18k St. N.W.
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Resolution accepting bid of Fraser,Company, Inc. for street grading and surfacing]
water main extensions and service connections in Crenlo=IOI (Hendricks -Subdivision) from 19th
St. N. W. to CSAH No. 4.
Resolution accepting bid of H & H Electric Company, Inc. for installation of
traffic actuated signal and street light at 37th Street N. W. and 18th Avenue N. W.
Resolution authorizing Mayor and City Clerk to execute agreement to maintain and
operate twenty lighting units at Trunk Highway 52 and 16th St. interchange in Rochester.
An Ordinance relating to the construction of public sidewalks and amending
section 302 (a) of the Rochester Building Code Adopted by Ordinance No. 1455, was given its
An Ordinance annexing to the City of Rochester, Minnesota, certain unplatted
land in Cascade Township in the Southwest quarter of Section Twenty -Four, Township One Hundred
Seven North, Range Fourteen West,.Olmsted County, Minnesota (Larsen Property N. E. - 75%
surrounded) was given its second reading. Upon motion by Larson, second by Ludowese, and upon
roll call and all present voting in favor, the rules were suspended and the ordinance was
given its third and final reading. A motion was then made by Postier, second by Strain, that
the ordinance be adopted as read; all present voted in favor.
An Ordinance annexing to the City of Rochester, Minnesota, certain unplatted land
in Cascade Township in the Southeast Quarter of Section Thirty -Two, Township One Hundred
Seven North, Range Fourteen West, Olmsted County, Minnesota (Judd property - 75% surrounded),
was given its second reading. Upon motion by Postier, second by Strain, and upon roll call
and all present voting in favor, the rules were suspended and the ordinance was given its
third and final reading. A motion was then made by Strain, second by Postier, that the
ordinance be adopted as read; all present voted in favor.
An Ordinance annexing to the City of Rochester, Minnesota, certain platted land
in Highland Addition, Rochester Township, Olmsted County, Minnesota (75% surrounded) was given)
its second reading. Upon motion by Larson, second by Strain, and upon roll call and all presen
voting in favor, the rules were suspended and the ordinance was given its third and -final
reading. A motion was then made by Strain, second by Ludowese, that the ordinance be adopted
as read; all.present voted in favor.
An Ordinance annexing to the_City of Rochester, Minnesota certain platted land in',
North Sunny Slopes, Rochester, Township, Olmsted County, Minnesota (Lots 51, 53 and 57) was
given its.second reading.
An Ordinance amending the Zoning Ordinance rezoning certain property and
amending the Zoning Ordinance of the City of Rochester, Minnesota (Lots 14-19,, Block 1 of
Meadow Park Fifth Subdivision'to R-2 District) was given its second reading. .Upon motion by
Postier, second by Cherland, and upon roll call and all present voting in favor, the rules werE
suspended and the ordinance was given its third and final reading. A motion was made by
Ludowese, second;by Postier, that the ordinance be adopted as read; all present voted in favor
except�A-lderman Larson who "abstained".
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An Ordinance rezoning certain property and amending the Zoning Ordinance of the
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., September 2, 1969 •
(City of Rochester, Minnesota (changing NW'k Sec.33-107-14 lying east of Country Club Manor and
north of the City's drainage easement, to R-4 District) was given its second reading.
Ordinance annexing to the City of Rochester, Minnesota certain-unplatted land=in- -
Cascade Township, Sections Twenty -One, Twenty -Two and Twenty -Eight, Township One Hundred
Seven North, Range Fourteen West, -Olmsted County, Minnesota, which is completely surrounded
by land within the City of Rochester, Minnesota (100% surrounded) was given its second reading.
Upon motion by Strain, second by Larson, and all present voting in favor, the rules were
suspended and the ordinance was given its third and final reading. A motion was made by
Larson, second by,Postier, that the said ordinance be adopted as read; all present voted in
favor.
An Ordinance annexing to the City of Rochester, Minnesota, certain unplatted land in
Cascade Township, Sections Twenty -Seven, Twenty -Eight and Thirty Three, Township One Hundred
Seven North, Range Fourteen West, Olmsted County, Minnesota, was tabled until after hearing of
Municipal Commission as an objection was received.
An Ordinance annexing to the City of Rochester, Minnesota certain unplatted land in
Cascade Township, Section Thirty-three, Township One Hundred Seven North, Range Fourteen
West, Olmsted County, Minnesota, which is owned by the City of Rochester (a strip of land
300 feet - 150 feet long on east boundary of Lot "A" Country Club Manor First Addition) was
given its first reading. Upon motion by Postier, second by Ludowese, and upon roll call and
all present voting'in favor, the rules were suspended and the ordinance was given its second
reading. Upon motion by Ludowese, second by Postier, and upon roll call and all present voting
in favor, the rules were suspended and the ordinance was given its third and final reading.
A motion was made by Ludowese, second -by Strain, that the said ordinance be adopted as read;
all present voted in favor.
An ordinance amending Ordinance No. 1466 entitled "An Ordinance establishing within
the City of Rochester an urban service district as separate taxing districts (Arnold property)",
was given its first reading.
An Ordinance relating to Municipal Planning; designating land needed for future
public use; regulating the construction of buildings and structures thereon; and adopting
an official map. (No. 3) , was given its first reading. Upon motion by Larson, second by
Ludowese, and upon roll call and all present voting in favor, the rules were suspended and
the ordinance was given its second reading. Upon motion by Strain, second by Ludowese, and
uponroll call and all present voting in favor, the rules were suspended and the ordinance
was given its third and final reading. A motion was made by Ludowese, second by Strain, that
the said ordinance be adopted as read; all present voted in favor.
An Ordinance relating to zoning and to accessory buildings, minimum yard requirements,
the height of fences, walls and hedges, traffic visibility zones on corner lots, and
increasing the penalty for zoning ordinance violations; amending Ordinance No. 1296, Sections
15.10, 15.070, 15.071, 15.072, 15.073, 44.01, 50.00, 50-.01, 52.04, 53.01 and 60.05; adding
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sections 52.040, 52.041, and 52.042; repealing sections 22.041, 53.010 and 53.011, was
given its f irst reading.
A resolution ameriding parking resolution as follows was read.and upon motion by
Ludowese, second by Strain, and all present voting in favor, resolution adopted:
Section B, NO PARKING ZONES, STREETS, is hereby amended by adding
a new Paragraph 440.1)to read as follows:
(40.1) Second Street Southwest on ,the south side
of the street from Fifth Avenue Southwest
to a point 250 feet more or less west of
Sixth Avenue Southwest, at all times.
A resolution amending parking resolution as follows was read and upon motion by
Larson, second by Ludowese, and all present voting in favor, resolution adopted:
Section B, NO PARKING ZONES, STREETS, is hereby amended In i:td
entirety so as to read as follows:
(60) Third Avenue Southeast on the east side of the street
from Fourth Street Southeast to the bridge at all times.
A resolution amending parking resolution as follows was read and upon motion by
Ludowese, second by Postier, and all present voting in favor, resolution adopted:
Section B, NO PARKING ZONES, STREETS, is hereby amended by adding
a new paragraph (98.1) to read as follows:
(98.1) Sixth Avenue Southwest on the west side from
Second Street Southwest to 180 feet more or less
north of Second Street Southwest, at all times.
A resolution amending parking resolution as follows was read and upon motion by
Ludowese, second by Strain, and all present voting in favor, resolution adopted:
Section B, NO PARKING ZONES, STREETS, is hereby amended in its
entirety so as to read as follows:
(61) Third Avenue Southeast on.the west side of the street
from Third Street to Fourth Street at all times.
A resolution amending parking resolution as follows was read and upon motion by
Ludowese, second by Strain, and all present voting in favor, resolution adopted:
Section B; NO PARKING ZONES, STREETS, is hereby amended in its
entirety so as ro read as follows:
(98) Sixth Avenue Southwest on the east side of the street
between First Street and Center Street, except passenger
loading zone of 50 feet more or less in front of Central
School, and on the west side of the street between
Center Street and First Street between the hours of
7:00 a.m. and 5:00 p.m. on school days only.
A resolution amending parking resolution as follows was read and upon motion by
Postier, second by Ludowese, and all present voting in favor, resolution adopted:
tcrarh5tNrdNi'tsR'is hereby by
thereto paragraph as follows:
(159) Elton Hills Drive Northwest on the north side between
the hours of 7:00 a.m. and 5:00 p.m. on school days
only at a point from 132 feet east of Valkyrie Drive
Northwest to a point 386 feet more or less west of
Viking Drive Northwest.
A resolution amending parking resolution as follows was read and upon motion by
Strain, second by Ludowese, and all present voting in favor, resolution adopted:
Section B, NO PARKING ZONES, STREETS, is hereby amended 71P its
entirety so as to read as follows:
(145.1) Fourteenth Avenue Southwest on the west side from
Second Street Southwest to St. Mary's Hopsital
entrance between the hours of 7:00 a.m, to 7:00
p. m. Monday through Friday.
A resolution requesting that the State of Minnesota acting through its De
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of Highways to take such.action as is necessary to prohibit.parking at all times on the
east side of U. S. Rte #63 South from 17th Street Southeast to a point 110 feet more or
less south, was read. Upon motion by Strain, second by Cherland, and all present voting in
favor, resolution adopted.
Upon motion by Ludowese, second by'Postier, and all present voting in favor,
the meeting was adjourned until 7:30 o'clock P. M. On Monday, September 15, 1969.
City Clerk
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