HomeMy WebLinkAbout10-06-1969390 Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., October 6, 1969
Minutes of a regular meeting of the Common Council of the City of Rochester:;
Minnesota held in the Council Chambers in the City Hall in said City, on October 6, 1969,
President DeVries called the meeting to order at 2:00 o'clock P. M., the
following members being present: President DeVries, Aldermen Cherland, Folkert, Larson,
Ludowese, Strain. Absent: Alderman Postier.
Upon motion by Cherland, second by Ludowese, and all present voting in favor,
the minutes of the meeting of September 15, 1969 were approved with the following correction:
that on,..the last page, line 11, it show that Aldermen Larson and Strain voted "aye" instead
of "nay" as incorrectly shown. •
The recommendation of the Planning & Zoning Commission stating that they had
reviewed the proposal to rezone Lots 51, 53 and 57 North Sunny Slopes from the B-1 District to
the R-Sa District and find that the lots in this area are over 20,000 sq. ft. in size and the
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adjoining lots that are now in the City are zoned on R-Sa district; annexation proceedings on
Lots 51, 53 and 57 North Sunny Slopes are currently pending before the Common Council and an
ordinance annexing these lands has been given its second reading; in order to preserve the
quality and character of development in this area they recommend that the zoning districting on
this property be changed from R-1 District to the R-Sa District upon annexation, was read. Mr.
Franklin Michaels was present and requested that the zone change be made as soon as possible,
the ordinance for annexation would have its third and reading and he requested that it be held
and the zone change be done simultaneously. Mr. Arthur Hirman owner of Lot 57 requested that
action on this be delayed, he said he would like the privilege of sub -dividing his lot because
it is unduly large totaling about 37,000 sq:, ft. into two lots of'around 20,000 and 17,000 sq.
ft., this lot fronts on two streets since it runs clear through the block, utilities are on
each street; the subdivision would correspond with two neighboring lots which are divided
approximately the same way and with a shortage of lot area within the City it would be a shame
to limit this super large lot to one house when it can serve two homeowners. Upon motion by
Larson, second by Ludowese, and all present voting in favor, the recommendation was accepted
and a hearing was set for 7:30 o'clock P. M. on November 3, 1969.
An Order from the Municipal Commission, State of Minnesota, that Lot 6, Block 21,
Golden Hill Addition, according to the plat thereof on file and of record in the office of the
Register of Deeds in and for Olmsted County, Minnesota and including all streets abutting
thereto is annexed to the City of Rochester, was read and President DeVries ordered the same
placed on file.
A letter from Industrial Opportunities, Inc. stating they will permit a
temporary turnaround on the west end of 23rd Street N. W. as platted until such time as the
street is extended beyond the west property line of the Hendricks' Subdivision, was read. Upon
motion by Ludowese, second by Larson, and all present voting in favor, the proposal was
accepted and the City Attorney instructed to prepare the necessary agreement.
A letter from the State of Minnesota, Department of Highways, stating that as
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Record of Official Proceedings of the Common Council
of the City -of Rochester, Minn., October 6, 1969
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requested by resolution of the Common Council dated September 2, 1969, the parkign prohibitio
on T. H. #63 from 17th Street to approximately 110 feet south is now in effect, was read.
President DeVries ordered the letter placed on file.
A -letter from James F. Madden, President of Clements Chevrolet-Cadillac.Ca.
stating that with all the publicity and proposals regarding tax increases to meet higher city
and county budgets, he feels it is essential that there be a change of thinking on the part
of the city and county officials; the emphasis must be changed to coincide with the true
feeling of the majority of the taxpayers, this feeling is that instead of increasing taxes
there must be a control and decrease of department budgets; why not approach this problem
realistically with a five to ten percent budget reduction for each department of city and
county government? this, to him, is a more realistic and populat approach than trying to
decide which of three or four tax levies we are going to envoke, was read. Upon motion by
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Larson, second by Folkert; and all present voting in favor the letter was referred to the II
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Finance Committee (members of the Finance Committee, Folkert, Cherland and Strain are to
attend a meeting at the Chamber of Commerce on this subject on October 9th at 7:15 A. M. andl
were to see that Mr. Madden was invited).
A letter signed by Willard H. Knapp stating that in response to the recent
resignation of William Sannwald, the Head Librarian, he requests that the Mayor, and Members,,
of the Council that made the librarian's position unbearable, hopeless and.self-defeating as,
far asany progress is concerned to make an apology to Mr. Sannwald, we are goint to lose
department heads right and left if the Mayor and Councilmen continue to give such treatment to
them as they have to former city attorneys and others, was read.: President DeVries ordered
the letter placed on file.
A•letter from Judge William S. LaPlante requesting that.Carol Mahon be given
a Merit Increase to step G of Grade 2 because of her vast experience in the Municipal Court
work, was read. Upon motion by Cherland, second by Ludowese, and all present voting in
favor, the letter was referred to the Personnel Advisory Committee.
A letter signed by Donald T. Franke stating that due to recent developments,
Mr. Kerr and he wish to withdraw theirapplication for a liquor license to operate a package
store, was read. President DeVries ordered the same placed on file.
A letter signed by G. M. Benson, M.D., Fellow Orthopedic Surgery at Mayo
Clinic, stating that speaking for himself and for most of the Fellows at the clinic (750
families in the City of Rochester) spare time for any shopping is at a premium and requesting
that the Council refrain from enacting a Sunday Closing law, was read and ordered placed on
file.' Alderman Ludowese stated that this was still in the hands of the City Attorney for
drafting and wanted it made clear that it is not a Sunday Closing Law but a Common Day of
Rest.
A fetter signed by Mrs. Charles Kirkland of 1404 1st Street N. W. in regard
to access to and from her driveway was read and upon motion by Folkert, second by Ludowese,
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cy'r Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., October 6, 1969
and all present voting in favor, the letter was referred to the Public Works Committee.
A letter signed by Milt Coppe of 2119 Valkyrie Drive regarding a very dangerous
situation in Northeast Rochester, which he feels should be corrected, referring to the 45
M.P.H. speed -zone on North Broadway at the school crossing to Kellogg Junior High School, was
read.' Upon motion by Cherland, second by Ludowese, and all present voting in favor, the
letter was referred to the Public Safety Committee.
A letter signed by Joseph C. Weis regardingcgimprovements and building houses
on the lots in Hillview Resubdivision,.was read and upon motion by Folkert, second by Cherland,
and all present voting in favor; the letter was referred to the Public Works Committee.
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A letter signed by J. E. Maldonado, M. D. informing the Council that the
Colombian Government has appointed him as Honorary Consul of the country in Rochester, the
appointment became effective September 12th when President Carlos Lleras-Restrepo and his
Minister of Foieign Affairs signed the decree, was read and President DeVries ordered the same
placed on file.
. A letter from the State of Minnesota, Department of Highways, submitting three
copies of an agreement covering the maintenance and operation of six lighting units on T. H.
52, Ramp "A" and frontage road to 26th Street N. W. in Rochester, was read and upon motion by
Folkert, second by Cherland, and all present voting in favor, the same was referred to the
Public Works Committee. i
. The four following resolutions adopted by the Public Utility Board were each
read and upon motion by Larson, second by Cherland, and all present voting in favor, the
resolutions were approved:.(1) resolution requesting a change order to the contract with Keys
Well Drilling Company on Well No. 2 (2) resolution requesting execution of extension of a
lease with the U. S. Government for the property at 323 - 4th Street S. E. (3) resolution
requesting approval of execution of release and indemnity agreement between the City, Keys
We11'Company and Seaborad Surety Company and (4) resolution requesting approval of execution
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of release and indemnity agreement between the City and Continental Heine Chimney Company,
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and Aetna Casulaty & Surety Company.
A resolution adopted by the Public utility Board requesting approval of the
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appropriation of $99,783.33 to the Rochester State Bank for the purchase of U. S. Treasury
Bills maturing September 30, 1969 was read and upon.motion by Cherland, second by Folkert,
and all present voting in favor, the same was approved.
. The following three petitions and applications were each read and upon motion
by Folkert, second by Cherland, and all present voting in favor, the same were referred to the
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Planning and Zoning Commission: (1) application signed by Donald Brown for variance on
property at 712 8th St. S.E. (2) application signed by William Just for variance on property
at 211 6th Avenue S. W. and (3) application for final plat approval of Elton Hills East 6th
Subdivision. .
The recommendation of the Planning and Zoning Commission they had reviewed the
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recommendation of the City Attorney to amend the penalty provisions of the -Zoning Ordinance
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Record of Official Proceedings of the Common Council
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to make it consistent with Minnesota Statutes, tte change involves increasing the maximum
amount of the fine from $100 to $300 and including a possible combination of fine and
imprisonment as may be determined by the court and recommend that this revision be granted_
approval, was read. Upon motion by Larson, second by Ludowese, and all present voting in
favor, the recommendation was approved and the City Attorney was instructed to prepare the
necessary ordinance.
The recommendation of the Planning and Zoning Commission that they had
reviewed the petition to change the zoning districting on Lots 2, 3, 4 and that part of
Lots 8, 9 and 10, Block*3, Golden Hill Addition lying west of U. 63 from the B-lb district
to the B-3 District and find that this property is located at the base of a sandstone hill
and as such is separated vertically from the residential development to the south and west;
the -difference in elevation from the low area to the hill top is approximately 50 feet, the
height limit in the B-lb District is 30 feet and in the B-3 District is 40 feet and therefori�
the top of the highest structure permitted in the B-3 district would be approximately 10 feet
below the ground level of the hilltop; the uses permitted in the B-lb district are of a
rather restricted nature and the district is created for primarily local neighborhood
business service; in the interest to encourage a better type of highway oriented business
development in this area and to provide more flexibility of potential development they
recommend that this petition be granted approval, was -read. An adjunct to this
recommendation they are also setting for hearing the matter of considering rezoning the west
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side of U. S. 63 from 16th Street S. W. to 21st Street S.-W. from the B-lb District to the `I
B-3 District and the east side of U. S. 63 from 16th Street S. E. to 3rd Avenue S. E. from
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the M-1 District to the B-3 District. Upon motion by Larson, second by Ludowese, and all ;I
present voting in favor, the recommendation was accepted and a hearing on the proposed zone
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change was set for 7:30 o'clock P. M. on November 3, 1969. i
The recommendation of the Planning and Zoning Commission that the final plat
of Hendricks Subdivision be granted approval was read and upon motion by Strain, second by
Ludowese, and all present voting in favor, the recommendation was accepted and a hearing on
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the final.plat was set for 7:30 o'clock P. M. on October 20, 1969. l
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The recommendation of the Public Safety Committee that Paragraph 1.7,
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Section E of the Master Parking Resolutions, Passenger Loading_Zones be amended to read:
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South Broadway on the east side of the street in front of the premises known as the �!
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Sheraton Hotel from a point approximately 60 feet north of Third Street Southeast for a �I
distance of 80 feet, more or less, was read and upon motion by Cherland, second by Folkert,i`
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 Public Safety Committee that the two cab stands on
Third Street S. E. adjacent to the premises known as the Sheraton Hotel be removed and t�
replaced with parking meters and the two taxicab stands then placed on South Broadway in
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front of the premises, on the east side of the street, for a distance of 60 feet, more or
34 Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., October 6, 1969
less, north of Third Street Southeast, was read and upon motion by Folkert, second by
ILudowese, and all present voting in favor, the recommendation was approved and the City
JAttorney was instructed to prepare the necessary resolution.
The recommendation of the Public Safety Committee that Subsection (116) of
Section B of the Master Parking resolution be amended to read "Seventh Avenue Southwest on
the east side of the street between a point 125 feet more or less south of Second Street
Southwest and Third Street Southwest at all times" was read and upon motion by Folkert,
second by Cherland, and all present voting in favor, the recommendation was approved and
the City Attorney was instructed to prepare the necessary resolution.
The following recommendation of the.Public Safety Committee was read and
upon motion by Cherland, second by Ludowese, and all present voting in favor, the recommend-
lation was approved and the City Attorney was instructed to prepare the necessary resolution:
"A recommendation from the Traffic Engineer was considered, and a
a recommendation was made that parking be prohibited on the east side of
Sixth Avenue S-.W. between First Street and Center Street, except a
passenger loading zone of 50 feet more or less in front of Central
School between the hours of 7:00 AM and 6:00 PM at all times.
The Committee also recommends that Subsection (98) of Section B
of the Master Parking Resolution be amended to read as follows: -(This
existing subsection includes;both the east and west side of the street)
Sixth Avenue Southwest on the west side of the street between
Center Street and First Street between the hours of 7;00 AM and 5:00
PM on school days only.
The Committee also recommends that parking be prohibited on the east
side of Sixth Avenue NN from Second Street to Fifth Street between the
hours of 7:00 AM and 6:00 PM at all times. Therefore the Committee
recommends that Subsection (95.5) of Section B of the Master Parking
Resolutions be amended to read as follows:
Sixth Avenue NW on the east side of the street from Second Street
to Fifth Street between the hours of 7:00 AM to 6:00 PM at all times."
The recommendation of the Public Safety Committee that bids be advertised
Ifor installation of traffic actuated traffic signals and street lights at 2nd Street S. E.
and 2nd Avenue S. E. to be opened at 2:00 P. M. on October 20, 1969, was read and a motion
'was made by Folkert, second by Cherland, that the recommendation be approved. Discussion was
held as to whether or not this signal would be feasible, and a motion was made by Folkert,
second by Strain, that this recommendation be tabled and referred back to the Public Safety
Committee for further study; all present voted in favor.
The report on adequacy of the City Engineer that apetition requesting sanitary
sewer and water main extension to serve Lots 1, 2 and 3 of Hutchings Second Replat had been
examined and checked and found to be in proper form and signed by 100% of the owners of
record, the Engineer's report the improvement is feasible, however, he recommends that the
construction be done under the local improvement assessment project to beentitled as "sanitary
sewer extensions and street construction in Hutchings Second Replat" rather than as petitioned,
the estimated cost is $3,960.00 was read toegether with the recommendation of the Public Works
Committee that they approved the report of the City Engineer and recommend that the entire costs
be assessed equally to Lots 1, 2 and 3, Hutchings Replat and further recommend that the water
main extension to this subdivision be installed by the owner at his expense, under separate
contract with the City. Upon motion by Larson, second by Strain, and all present voting in
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favor, the recommendation was approved.
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Record of Official Proceedings of the - Common Council 3951
of the City of Rochester, Minn., October 6, 1969
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The recommendation of the Public Works Committee that a local improvement
project be initiated by the Council without petition of.owners for "Part I of Allendale
Improvements" (the extent of the project is sanitary sewer and water main on 27th Street
K.W. from 18th Avenue to East Frontage Rd TH 52 and along the East Frontage Rd TH52 fronting
Lots 13, 14, 15, 16 and 17 Allendale Subdivision) was read. Upon motion by Cherland, second
by, Folkert, and all present voting in favor, the recommendation was approved..
The report on feasibility of the City Engineer on Part I of Allendale
Subdivision that the improvement is feasible and,recommend its construction and the estimates
costs are $47,700 was read together with the recommendation of the Public Works Committee
that it be constructed with the costs to be assessed against the abutting property served.
Upon motion by Folkert, second by Cherland, and All,.preeent voting in favor, the
recommendation was approved.
The recommendation of the Public Works Committee that the bid of Universal
Ford Sales in the amount of $6,172.50 for furnishing three patrol carg be, accepted was read
and upon motion by Larson, second by Strain, and all present voting in favor, the
recommendation was accepted and the. cars.purchased without air-conditioning. (Bids were
opened earlier and only two bids were received; they were,Universal Ford Sales in the amount
of $6,172.50 net bid plus additional for air conditinning $864.27 making a total net bid
with air conditioning of $7,036.77; and the.bid of Adamson Motors in the amount of
$6,236.00 net bid plus additional $829.80 for air coniditioning making a.total net bid with
air donditioning $7,065.80).
Upon motion by Larson, second by Strain, and all present voting in favor, the
meeting was recessed at 3:30 P. M. President DeVries called the meeting to order again at
3:50 P. M. with all members being present except Alderman Postier.
The contract bonds of Riverside Sand & Gravel Company in the amount of
$76,755.40 with United States Fidelity and Guaranty Company as surety and Crescent Park, Inc
in the amount of $25,266.00 with United States Fidelity and Guaranty Company as surety were
each read and upon motion by Folkert, second by Cherland, and all present voting in favor,
the bonds were accepted and referred to the Mayor for approval.
The applications of Stanley Watson for a General Refuse Collector License and!
a residential rubbish collector license were each read and upon motion by Ludowese, second
by Larson, and all present voting in favor, the licenses were granted.
The application of Macey Signs, Inc. for renewal of their license to erect
and maintain signs was read and upon motion by Folkert, second by Strain, and all present
voting in favor, the license was granted.
The application of ABC North Central Theatres, Inc. for a license for the
Oakview Theatre located in the Apache Mall Shopping Center was read and upon motion by Lar
second by Ludowese, and all present voting in favor,the license was granted.
The application of Gilbert Marty for an auctioneers license and a license to
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., October 6, 1969
conduct an auction was read and upon motion by Ludowese, second by Cherland, and all present
voting in favor, the application was referred to the -Public Safety Committee, with power to
act.
The applications for license to sell cigarettes of Tri-Way of Rochester, Inc.,
Mac's Flame and Red Owl Stores, Inc. at Apache Mall and applications for retail:"off sale"
non -intoxicating malt liquor license of TriWay of Rochester, Inc. and Red Owl Stores, Inc.
at Apache Mall, were each read and upon motion by Folkert, second by Strain, and all present
voting in favor, the licenses were granted.
A letter from Ronald Seeger, Attorney for The Depot House, Inc., informing the
Common Council that the ownership of all of the outstanding shares of stock of The Depot House,
Inc. was transferred on-'9-5-69 to Mr. C. C. Smith; Mr.- Smith is one of the prsons listed on
the original application for the liquor license and it is proposed to transfer all of the
shares of The Depot House, Inca from Mr. Smith to Bocaard, Inc. another company, which is
solely owned by Mr. C. C. Smith, was read and President DeVries ordered the same placed onfile.
An Ordinance annexing to the City of Rochester, Minnesota Lots 51, 53 and-57 in
North Sunny Slopes including-' of the public street right-of-way adjoining Lots 51 and 57, was
given its third and final reading.
An Ordinance rezoning certain property and amending the Zoning Ordinance- of the
City of Rochester, Minnesota (change NWk of 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 third and final.reading.
A motion was made by Ludowese, second by Folkert, that the said -ordinance be adopted as
read and all present voting in favor, President DeVries declared the said ordinance duly passed
and adopted.
An Ordinance Rezoning Certain Property and amending the Zoning Ordinance of :the
City of Rochester, Minnesota (changing lands in Sec. 28-107-14 owned by Carpenter -Grieve to
the R-3 and B-lb District) was given its shcond:,reading:,by
the rules were suspended.and
Ludowese, and upon roll call and all present voting in favor,/the ordinance was given its third
and final reading. A motion was then made by Ludowese, second by Folkert, that the said
ordinance be adopted as read and all present voting in favor, President DeVries declared the
said ordinance duly passed and adopted.
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 second reading. Upon motion by Larson, second by Folkert, 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 Larson, second by Folkert, that
the said ordinance be adopted as read and all present voting in favor, President DeVries
declared the said ordinance duly passed and adopted.
An Ordinance rezoning certain property and amending the Zoning Ordinance of
the City of Rochester, Minnesota (changing land in Sec. 2-106-14 to B-3 District; Graham-
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K-Mart) was given its second reading.
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An Ordinance relating to zoning and to accessory buildings, 7,_�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 ol; 50.00; 50.01; 52.04; 53.01;
and 60.05; adding Sections 52.040; 52.041 and 52.042; repealing Sections 22.041; 53.010 and
53.011, was given its second reading. Upon motion by Larson, 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 then made by Larson, second -by Ludowese,
• that the said ordinance be adopted as read and all present voting in favor, President
DeVries declared the said ordinance duly passed and adopted.
An -Ordinance annexing to the City of Rochester, Minnesota certain unplatted
land in Cascade Township, Sections 27-28-33,.Township 107, Range 14, Olmsted County, was
given its second reading.
An Ordinance relating to passenger loading zones, and amending the .Rochester
Code of Ordinances, Section 147.220 (No person shall park a vehicle for any purpose or
period of time other than -for the expeditious loading or unloading of passengers in any
space established by the Common Council as a Passenger Loading Zone, and -so signed or
marked, during the hours when the regulations applicable to such zone are -effective; in no
case shall thestop for loading or unloadin
g passengers in. such zones exceed fifteen
minutes) was given its first reading.
Resolution authorizing and directing the Mayor and City Clerk to execute on
behalf of the.City the Consulting Services Contract with the Community Planning & Design
Associates, Inc. Upon.motion by Larson, second by Ludowese,.and all present voting in
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favor, resolution adopted. j
Resolution amending Parking Resolution as follows, and upon motion by Folkert,±
second by Cherland,-yand all present -voting in,favor, resolution adopted:
Section D, Truck Loading Zones, is hereby amended by adding .thereto
paragraphs (1.1) and (1.2) to read in their entirety as follows:
(1.1) South Broadway on the east side of the street 25 feet
more or less in front of the premises known as the
'Sheraton Rochester Hotel and immediately south of the
Olmsted County Bank.
(1.2) Second Street Southeast on the south side of the street
immediately east of South Broadway 25 feet more or -less
adjacent to the premises known as the Olmsted County Bank.
Resolution granting variance to permit construction of an addition to the II
house at 1535 Graham Court S. E. Upon motion by Strain, second by Cherland, and all present
voting in favor, resolution adopted.
Resolution authorizing and directing Mayor and City Clerk to execute, on
behalf of the City, the contract with K & A Construction Company, Inc. and Fraser Company,
Inc. relative to local improvements in Indian Heights 3rd Subdivision. Upon motion by
Larson, second by Ludowese, and all present voting.in favor, resolution adopted.
Resolution authorizing and directing Mayor and City Clerk to execute, on
behalf of the City, the contract with Johnson, Drake & Piper, Inc. relative to local
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., October 6. 1969
improvements in Manor Woods 1st Subdivision. Upon motion by Larson, second by Strain, and
all present voting in favor, resolution adopted.
Resolution initiating condemnation of lands for Eastwood Golf Course. Upon
motion by Folkert, second by Strain, and all present voting in favor, resolution adopted.
A motion was made by Ludowese, second by Larson; that the following resolutions
be adopted in block; all present voted in favor. A motion was then made by Larson, second by
Ludowese, that the said resolutions be adopted as read and all present voting in favor,
President DeVries declared the said resolutions duly passed and adopted:
Resolution approving change order to contract with Keys Well Drilling Company for
Water Well No. 2.
Resolution approving entering into lease agreement with U. S. Government for a
six mos. period for premises at 323 4th St. S.E.
Resolution authorizing Mayor and City Clerk to execute.release and indemnity
agreement between City, Keys Well Drilling Company and Seaboard Surety.
Resolution authorizing Mayor and City Clerk to execute release and indemnity
agreement between City, "Continetnal Heine Chimney Co. and Aetna Casualty & Surety.
Resolution approving appropriation of $99,783.33 to Rochester State Bank for
purchase of U. S. Treasury Bills maturing 9-30-69.
Resolution referring proposed improvement for feasibility report and recommendation
for Part I of Allendale Improvements.
Resolution receiving preliminary report, and ordering a public hearing on Part I
of Allendale Improvements (sanitary sewer and water main on 27th Street N. W. from 18th Avenue
N. W. to east frontage road T. H. 52 and along east frontage road T. H. 52.fronting Dots 13,
14, 15, 16 and 17 Allendale Subdivision).
Resolution ordering bids for Part I of Allendale Improvements.
Resolution ordering a hearing on sanitary sewer and water main extensionsto
serve Lots 1, 2 and 3 Hutchings Second Replat.
Resolution authorizing execution of agreement for installation of six 400 watt
units on southbound T. H. 52 Ramp "A" and Frontage Road to 26th St. N.W.
Resolution authorizing execution of license agreement with C. N. W. Ry. Co. for
a water main upon the property and under track of Railway.
Resolution referring petition for determination of adequacy, feasibility report
and recommendation for street construction, sanitary sewer, water main in llth Place N. W. in
Hillview Resubdivision of Outlot 1, Block 25, and Outlot 2, Block 26.
Resolution ordering bids for curb and gutter on both sides of 5th Street S. W.
to 16th Avenue S. W.'from 15th to 16th and the west end of vacated 5th Street S. W. and
sidewalk replacement as required.
Resolution granting one dance permit to Art Center.
Resolution declaring cost to be assessed and ordering preparation of proposed
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assessment for sanitary sewer extension on east side of llth Ave. S.E. abutting Church of
Resurrection Subdivision and water main extension from 16th to 16k Street,S. E. and defe
assessment for water tank and connecting trunkline..
Resolution ordering a hearing on proposed assessment for sanitary sewer
extension on east side of, llth Avenue S.E. abutting Church of Resurrection Subdivision and
water main extension from 16th to 16� Street S. E. and deferred assessment for water tank
and connecting.trunkline.
Resolution declaring cost to be assessed and ordering preparation of proposed
assessment for street.grading,and surfacing,,sanitary sewer, storm,sewer, subsurface drains,
water mains and service connections in 16th St. $.E. from llth Avenue S. E. to Golden Hill
Industrial Addition.
Resolution ordering a hearing on proposed assessment for street grading and
surfacing, sanitary sewer, strom sewer, subsurface drains, water mains and service
connections in 16th St. S.E.. from llth Ave.. S.E. to Golden Hill Industrial Addition.
Resolution declaring cost to be assessed and ordering.preparatioq of proposed
assessment for sanitary sewer, Strom sewer and water main.in 5th Avenue S. E. from 5th St..
S.E. to 131 feet north; in 5th St.. S.E. from,5th to 7th Avenue S.E.; in 6th Ave. S.E. from
6th St. S.E. to Bear .Creek; in 7th Ave. S.E. from 7th,St.. S.E. north to 5th St. S.E.; and
in 8th Ave.,S.E. (water main only) from 6th to 5th Street S. E.
Resolution ordering a hearing on proposed assessment for sanitary sewer, s
sewer and water main in 5th Avenue S. E.from 5th St. S..E. to 131 feet north; in 5th St. S.E.
from 5th to 7th Avenue S.. E.; in 6th Ave. S.E. from 6th St.. S.E. to Bear Creek; in 7th Ave.
S. E. from 7th St. S.E. north.to. 5th.St. S. E.;,and in 8th Ave. S.E. (water main only) from
6th to 5th Street S. E.
Resolution accepting bids for furnishing three patrol cars for the Police
Department (Universal Ford Sales).
Upon motion by Strain, second by Ludowese, and all present voting in favor,
the request of the Music Department for permission to sell tickets to the Victor Borge
show between the time after the parade and the show in the evening on October 11, 1969 was
approved. -
Upon motion by Larson, second by Ludowese, 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, Folkert, Larson,
Ludowese, Postier, Strain. Absent: None.
President DeVries stated this as being.the time and place set for hearings oni
the following projects:
Hearing on proposed assessment.for grading and surfacing 6th Street N. W.
from llth Avenue N. W. to 16th Avenue N. W. and deferred assessments on account of
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Record of Official Proceedings of the `Common Council
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construction of sanitary sewer and water main in 6th Street N. W. from llth Avenue N. W.
to 16th Avenue-N. W. There was no one present wishing to be heard. President DeVries
declared the hearing officially closed.. A motionwasmade by Postier, second by Strain, to
proceed with the project; all voted in favor.
Hearing on proposed assessment for water main extension in East Frontage Road
T. H. 52-14 from 11k St. S.W. to 14th Avenue S.W. (Olson Subdivision) and deferred
assessments on account of construction of sanitary sewer on 6th Street S. W. from a point
190 feet West of 15th Avenue 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. Mr.
Robert Patterson, Attorney represented -Mr. Rodney Young who owns Lots 1-61, Olson's Subdiv;
he said they were concerened with the deferred sanitary sewer that was constructed in
1956-58 and is now being spread on the rolls and inquired under what authority the City
could defer an assessment for ten years; he also said they felt the cost was high, they
had checked with the City Engineer and the -cost -was now almost•doublLe what he told them,
they felt as if they were standing the costs of both sides of the street and did not feel
this was fair.; he requested that this be referred back to the Public Works or Common Council
to meet -with the owners -and go over this. Mr. Sandy Keith, Attorney was present representing
Roy E.•Ritts of 1341 - llth Street S. W.; he said this property was taken into -the City in
May, 1968 and at that time they had gotten figures from the City Engineer (938.80) and now
the amount was almost double (1,813.78); hesaid his client knew the deferred assessment was
there and was willing to'pay his fair share but did not think he should stand the cost of
-both sides of the street. -Uponmotion by Postiery second by Folkert, the hearing was
continued until October 20,•1969 at 7:30 P. M. and -the matter was referred back to the Public
Works Committee for further study; all voted in favor.
Hearing on proposed change of zoning districting on the properties located west
of 3rd Avenue N. W. from 14th Street N. W. to the south line of the Crenlo property from R-1
District to the R-3 District. Also the analysis of the City Planning Director that the
petition of protest against this property was valid was read. The recommendation of the City
Planning & Zoning Commission that this change of zoning districting be granted approval was
also again read. Mr. Douglas Krueger was again present and requested that the zone change be
given favorable consideration, he and his sister and brother are the owners of the property
in question. Mr. Tom Godsill of 1013-7th Avenue S. W. said he owns a house within 200 feet
of this property and was in favor of the zone change, he said he thought this was a good
location for apartment houses or duplexes and the traffic problem on 3rd Avenue, which seemed
to be of some concern, had been alleviated since the route to the City Dump was changed; he
urged that the zone change be granted. Mr. John Ahmann of 1506-4th Avenue N.W.; Mr. Kenneth
Noser of 1502-4th Avenue N.W.; Mr. Donald Lubbert of 1406-3rd Avenue N.W. and Mr. John Philo
of 1331-3rd Avenue N.W. each spoke in opposition to the zone change. There was no one else
present wishing to be heard. President DeVries•declared the hearing officially closed. A
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motion was made by Cherland, second by Strain, that the recommendation of the Planning
Zoning Commission be disapproved and the requested zone change be denied, all voted in
iavor'except Alderman Larson who voted'"nay".
Hearing on amendment to the City's Comprehensive Plan to designate the
property bordered generallay by U. S. Highway 52 on the west, East Skyline Drive S. E. on
the north and Grandview Memorial Gardens on the east and south as a future commercial area
Mr. William Perry of 834-llth'Avenue S. E. said he agreed with the proposed zone change,
that he owned the land which runs an additional 1200 feet to the East and thought maybe
this should be included. There was no one else present wishing to be heard.' President
DeVries declared the hearing officially closed. Upon motion by Cherland; second by
Strain,*and 'all voting in favor, the City Attorney was instructed to prepare the necessary
resolution amending the plan.
Hearing on proposed change of zoning districting on the Clark Stensrud
property located at the Southeast corner of the intersection of U. S. Highway 52 and East
Skyline Drive Southeast from the R-1 District to the B-lb District. Mr. Robert Springer
was presented and requested that the Council approve this as soon as possible so that the
owner would not have to renew his option. There was no one else present wishing to be
heard. President DeVries declared the hearing officially closed. Upon motion by Cherlanc
second by Postier, and all voting in favor, the City Attorney was instructed to prepare ar,
ordinance making the proposed zone charge.
Mr. Everett Beck, Councilman from Byron, Minnesota, was present and read a
statement he had prepared'as a rebuttle to Rochester's Proposed Payroll Tax, he did not
feel a gross income tax should be levied against all employees in Rochester. Upon motion
by Folkert, second by Strain, and all voting in favor', the letter was referred to the '
Finance Committee.
The recommendation of the Planning and Zoning Commission stating that they
reviewed the petition to change the zoning districting on property to the north and east
of Holm & Olson Greenhouses on the N.E. corner of 7th Street N. W. and llth Avenue N.W.
from R-1 District to the R-3 District and find that the property to be rezoned lies north
of the existing greenhouses, south of the platted but unimproved loth Street N. W. and is
bound on the east and south by residential areas; the property occupied by the greenhouses
is an existing B-3 District and as such could be used 'for multi -family use; they feel
that this proposal would create a logical transitional use area between the commercial
uses on the corner and the existing residential uses to the east and based on these
findings they recommend that this petition be granted approval, was read. A petition witb
33 signatures opposing this zone change was read and referred to the Planning Department
for analysis. Mr. David Shively'of 912-10th St. N.W. said the petition shows that most
of the people in this neighborhood were opposed to the zone change as they felt it would
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., October 6, 1969
decrease their property valuation, he also complained that he had not received a notice of
the hearing held by the Planning Department which he ghought was a requirement, that everyone
that lived within 200 feet be notified of a hearing. Dr. Thomas Ryan of 916-10th St. N.W.
opposed the proposed zone change, he said the traffic problems now on 7th Street and llth
Avenue were severe anought and though they would be increased, he also said he thought it
should be considered that if a large apartment complex were built here if the sewers would
be overloaded, if the schools could take care of more children, etc. Mr. James F. Jahn of
915-9th Avenue N.W.; Mr. Clifford Sadler of 927-7th St. N.W. and Mrs. Sylvia Anderson of 911-
9th Avenue N.W. also each spoke in opposition. Mr. Herbert Holm said they had owned this
property since 1947 and had come to the point where they could not afford the taxation on it
by; having it just a greenhouse, he said they had a plan and would show this. Mr. Joe Weis
showed a plan of what they planned to build here (he said he was not expressing an opinion
of the Planning & Zoning Commission but his own personal opinion). A motion was made by
Larson, second by Folkert, that the recommendation of the Planning & Zoning Commission be
accepted and a hearing on the proposed zone change be set for 7:30 o'clock P. M. on
November 3, 1969; all voted in favor except Alderman Ludowese who voted "nay".
Wayne Fieck was present and read a resolution he had written "Walk for
Development"; he said this is going to include high school youth and a few adults and they
walk a route of about 30 miles around the City and they would try and get sponsors to pay
so much per mile; he said they had a steering committee composed of six youths and Mr.
Harley Flathers is their adult advisor. A motion was made by Larson, second by Folkert, that
the Common back this project and resolution; all voted in favor.
A resolution adopting the assessment roll for grading and surfacing 6th Street
N. W. from llth to 16th Avenue N. W. and deferred assessments on account of sanitary sewer
and water main construction in 6th St. N.W. from llth to 16th Avenue N. W. was read. Upon
motion by Folkert, second by Larson, and all voting in favor, resolution adopted.
A motion was made by Strain, second by Larson, and all voted in favor, that the
City Attorney be instructed to draft a letter requesting the Rochester Building Code Board of
Appeals to reconsider its decision concerning the installation of a sprinkler system in the
basement story of the John Adams Junior High School.
Upon motion by Larson, second by Postier, and all voting in favor, the meeting
was adjourned until 7:30 o'clock P. M. on October 20, 1969.
City Clerk
A motion was made by Cherland, second by Folkert, that the semi-monthly bills
in the amount of $684,507.57, list attached, be approved; all present voted in favor.
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