HomeMy WebLinkAbout07-20-1970Record of Official Proceedings of the Comnion Council
of the City of Rochester, Minn., July 20, 1970
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Minutes of an adjourned 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
July. 20, 1970 . .
President Postier called the meeting io'order at 7:30 o'clock P. M., the
following members being present: President Postier, Aldermen Larson, Ludowese, Strain and
Willmarth. Absent: Aldermen Cherland and McNary.
President Postier stated this as being the time and place set for hearings on the
following projects:
Hearing on the Planning Commission initiated change of zoning districting on
Lots 15, 16 and 18-25:, Christensen Sehl Subdivision (2401,2405,2415,2424,2435 and 2440
Riverview Heights) from the R-1 District to the R-Sa District. There was no one present
wishing to be heard. President Postier declared the hearing officially closed. A motion
was made by Willmarth, second by Strain, to proceed with the zone change and instructing
the City Attorney to prepare the necessary ordinance; all present voted in favor.
Hearing on the petition to change the zoning district on the North 505.5 feet of
that part of the South ' of the N. W. k of Section 25, T10rN, R14W, which lies west and
north of the T. H. No. 63 between.3rd Avenue N. E. and 23rd Street N. E. from the R-1
District to the B-3 District. Mr. Ray Arend, one of the petitioners, was present and
requested that their petition be withdrawn. A motion was made by Larson, second by
Ludowese, to accept the withdrawal; all present voted in favor.
Hearing on the Planning Commission initiated change of zoning districting on the
Libby and Railroad Property in the NEkof Section 11, T106N, R14W and the NWk and SWk of
Section 12, T106N, R14W be changed from the R-1 to the M-1 District and the Rundell
property in the NE'k of Section 11, T106N, R14W be changed from the R-1 to the B-3 District.
There was no one present wishing to be heard. President Postier declared the hearing
officially closed. A motion was made by Strain, second by.:.Willmarth, to proceed with the
zone change and instructing the City Attorney to prepare the necessary ordinance; all
present voted in favor.
Hearing on the petition to change the zoning districting on the North 55 feet of
Lot 4, Block 6, Golden Hill Addition from the R-1 District to the M-1 District (1632 - 2nd
Avenue S.E.). Mr. William Buege of 1639 - 2nd Avenue S. E. and Mrs. Joan Buege of 1639 -
2nd Avenue S. E. were each present and opposed the zone change. Mr. Robert Patterson,
Attorney was present in behalf of the petitioner and urged that the zone change be granted.
A petition with 21 signatures was presented together with an analysis of the petition from
the Planning Department, stating that the petition was valid and it would require a 6/7ths
vote of the ordinance. There was no one else present wishing to be heard. President
Postier declared the hearing officially closed. A motion was then made by Larson, second
by Ludowese, to proceed with the zone change and instructing the City Attorney to prepare
the necessary ordinance; all voted in favor except Alderman Strain who voted "nay".
Record of Official Proceedings of tli�e Common Council
of the City of Rochester, Minn., July 20, 1970 •
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Hearing on proposed amendments to the Land Use Plan in the area of U. S. 52 to
y Club-Manor•and from 2nd Street S. W. to U. S. 14:
1. Remove the community park designation for the area south of U.S. 14
2. Remove the commercial use designation for -the area north of grid Street
S. W. at 23rd Avenue S.W.
3.• Change'the east -boundary of the -Country Club Manor neighborhood to the
west side of proposed 35th Avenue S. W.
4. Move the proposed elementary school site to the south and east.
5. Designate a new planning area bounded by U.S. 14, Cascade Creek and 35th
Avenue N. W.
6. Designate the area in the S.E. quadrant of 35th Avenue N.W. and U. S. 14
as being suited for future -multi -family use.
7. Designate the area south of 7th Street N.W. and east of 35th Avenue N.W.
and West of Cascade Creek as being suited for future multi -family use.
8. Designate the area south of U.S. 14 and north of Cascade Creek as being
suited for future multi family -use.
9. Designate the area south of U.S. 14 and north of Cascade Creek as being
--suited for future multi -family use.
10. Designate the area north of C.S.A.H. 34 and south of Cascade Creek just
east of 35th Ave. N.W. as being suited for future multi -family use.
11. Designate the area in the S.W. quadrant of U.S. 14-52 interchange as
being -suited for future commercial use.
12. Designate the area north of West Zumbro Addition as being suited for
multi family use.
:r. L.ester•Fiegel, Jr. of 1426 Damon Court, Trustee of Fiegel Trust Property, and opposed the
roposal to move an alementary school site to the south and east, further away from all the
roposed residential -area into a proposed commercial area -and opposed removing the commercial
se designation for -the area north of 2nd-Street S.W. at 23rd Avenue5. W. Mr. Fred Schuster
f Route #2, representing Mayo Foundation, requested that 'thet-40 acres just west of the West
Zumbro Addition be referred back to the Planning,& Zoning Commission as he had not been able
to attend the hearing due to - changing the time on the agenda. Mr. Milton Coppe was present
n regard to the property at 2003 2nd Street S.W.-and requested that this remain commercial.
r. Charles Forbrook of Johnson, drake & Piper requested that the area south of 7th Street
e left commercial. Mr. Carlton Penz requested that the 7th Street entrance be left open.
r. Joseph DeBeaumont of 3911-5th Place N. W. suggested that some park area be considered.
here was no one else present wishing to be heard. President Postier declared the hearing
fficially closed. A motion was made by Strain, second by Ludowese, that'this matter be
eferred back to the Planning & Zoning Commission and also to the Council as a committee of the
hole to meet with these interested people; all present voted in favot.
Hearing on the application to vary the floor area requirements of the Zoning
rdinance as it applies to the property at 417 and 419 6th Street S-. W. Mr. Robert Patterson,
ttorney, was present and urged that this variance be granted. There was ho one else present
ishing'to be heard. President Postier declared the hearing officially closed.' A motion was
ade by Larson that this be tabled until a full Council is present, his motion was lost for
ant of a second. A motion was then made by Strain, second by Willmarth, that this variance
granted and the City Attorney be instructed to prepare the ncessary resolution, all present
ted in favor, except Alderman Larson who voted "nay".
Upon motion by Ludowese, second by Strain, and all present voting in favor, the
intments by Mayor Day of Mrs. E. D. Bayrd of 1116 loth St. S.W., Mr. Thomas E. Wolf of
L711 Crest Lane and Mr. Ralph Ellingwood of 3928 3rd St. N. W. to -the Rochester Library Board,
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn.,_ July 20, 1970
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their term of office to be for three years and expire July 1, 1973, were confirmed.
Petition signed by eleven orr-sale liquorlicense holders requesting that the
question of Sunday liquor sales be put up for a public vote this fall. Upon motion by Larson
second by Strain, and all present voting in favor, the petition was referred to the City
Charter Commission.
Tabulation of bids opened at.2:00 P.
M.:
City Engr.
Estimate
1.
Sidewalk construction on the south side of-Zumbro Drive.N.W..between 5th A enue N.W.
and 26th Street N. W.
v
C. M. Boutelle & Sons
$3,269.90
3,729.50
Doyle Conner Company
3,282.48
Phil Ryan
3,163.75*
Ed Mahoney & D. Pearson
3,260:30
E. J.-Vonch
3,262.56
2.
Sidewalk on east side of llth Ave. N.W. from
Elton Hills Drive to Cascade
Street N.W. and
on south side of Cascade•Street'N;W.
from 11th Avenue to sidewalk
in place west
of 12th Ave. N.W.
C. M. Boutelle & Sons
7,105.10*
8,043.00
Doyle Conner Company
7,429.30
Phil Ryan
7,666.60_
Ed Mahoney & D. Pearson
7,178.29
E. J. Vonch
7,183.48
3.
Sidewalk on both sides of 15th Avenue N.W. from 30th to 31st Street N.W.
C. M. Boutelle & Sons
3,743.60
4,153.00
Doyle Conner Company
3,736.96
Phil Ryan
3,819.60
Ed Mahoney & D. Pearson
3,715.64*
E. •J. •Vonch
3,721.90
4.
Sidewalk approaches to Ben Franklin School
C. M: Boutelle & Sons
15,158.50
16,492.90
Doyle Conner Company
14,687.30*
Phil Ryan
15,811.45
Ed Mahoney & D. Pearson
15,384.20
A motion was made by Strain, second by Ludowese; that the low bids be accepted and four
resolutions accepting the low bids were adopted; all present voted in favor.
Upon motion by Ludowese, second by Strain, and all present voting in favor, the
request of Vogel Advertising to park a portable advertising trailer in the Crossroads
Shopping Center, Miracle Mile Shopping Center, Silver Lake Shopping Center and in the down
town area for the Olmsted County Fair was approved.
Applications of Orville Hegseth for 'off sale" 3.2 beer license; Sidney Chase for
County Fair Board for "on sale" 3.2 beer license for August 4th to August loth; Stanley E.
Watson for General Refuse Collector License; Gold Cross Ambulance Service, In. for one
ambulance; S&op-N-Go Foods and Tore Skelly Service for license to sell cigarettes. Upon
motion by Ludowese, second by Willmarth, and all present voting in favor, the licenses were
approved.
Contract bonds of C.M. Boutelle & Sons (3) in the amounts of $5,082.20, 5,314.50
and $12,318.20 with Capitol Indemnity Corporation as surety;
E. J. Vonch (2) in the amounts of $2,094.30 and $6,312.60 with U. S. Fidelity & Guarantee as
surety;
and Rochester Sand & Gravel, Inc. in the amount of $13,123.35 withTransamerica Ins. Co. as
surety.
Upon motion by Ludowese, second by Willmarth, and all present voting in favor, the bonds
were accepted.
Feasibility Report of City Engineer on "extension of sanitary sewer and water
main to serve Lot 20 Allendale Subdivision" giving two alternates (1) provide sewer and
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6 2 Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., July 20, 1970 is
water service to the Senjem's lot as well.as the church lot and future service to and future
subdivision of the Briese and Dahle tracts and (2) provide immediate service.to the Berean
Lutheran Church property at the lowest present expense. A motion was made by Strain, second
by Ludowese, to accept the feasibility report and adopt.a resolution ordering.a hearing on the
said improvement; all present voted in favor.
Assessment Roll for the watermain.extension to the Vocational School in 2nd Street
S. E. submitted by City Engineer. Upon motion by Larson, second by Ludowese, and all present
voting in favor, resolutions (a)declaring cost to be assessed and ordering preparation of proposed
assessment and (b) ordering a hearing on the proposed assessment, were adopted.
Assessment Roll for sanitary sewer and water main extension in 13th Avenue S. W. from
9th'Sireet S. W. to serve Lot 55 less the north 10 feet, and all of Lots 56, 57, 58, 59,
Block 1, Collegeview Addition submitted by City Engineer. Upon motion by Willmarth, second by
Ludowese, and all present voting in favor, resolutions (a) declaring cost to be assessed and
ordering preparation of proposed assessment and (b) ordering a hearing on the proposed
assessment, were*adopted.
Feasibility report of City Engineer recommending construction of extension of
sanitary sewer in 3rd Avenue S. E..from 12th Street S. E. to 13thStreet S. E. to serve the
Libby McNeill Libby Plant and recommendation of the Public Works Committee that the report
be accepted and the total project costs be assessed to the Libby McNeill property. Upon motion
by Ludowese, second by Strain, and'all-present voting in favor, the recommendation was accepted
approving plans and specifications and
and a resolution/ordering a hearing on the proposed improvement was adopted.
Feasibility report of City Engineer recommending construction of elevated Water Tank
and Trunk Mains for High Level District in E� Section 27 and W� Section 26 of the NW Service
Area and recommendation of Public Works Committee that the report be accepted and a hearing be
held and that the benefitted properties be assessed for the entire project cost and that a
proposed assessment program be prepared before the hearing. Upon motion by Ludowese, second
by Strain, and all present voting in favor, the recommendation was accepted and a resolution
ordering a hearing and approving plans and specifications was adopted.
Recommendation of City Engineer that Council initiate a local improvement project
for sanitary sewer trunk line and water main along the east side of Highway 52 from Eastwood
Drive S. E. to 24th Avenue S. E. Upon motion by Strain, second by Ludowese, and all present
voting in favor, the recommendation was accepted and a resolution referring the proposed
improvement for feasibility report and recommendation was adopted.
Feasibility report of the City Engineer on the proposed sanitary sewer trunk line
and water main along Easi side of Trunk Highway # 52*from Eastwood Drive S. E. to 24th Avenue
S. E.' Upon motion by Strain, second by Ludowese, and all present voting in favor, the
report was accepted and a resolution ordering a hearing on the project was adopted.
Upon motion by Strain, second by Larson, and all present voting in favor, the City
Attorney was instructed to prepare a resolution requesting the Minnesota Highway Department to
study and program traffic signals at (1) Highway #63.and 16th St. S.E. (2) Highway # 63 and 14th
St. S. E. and (3) Highway 52 and 2nd St. S.W.
Record of Official Proceedings of the * Cbrnmon Council
of the City of Rochester, Minn., July 20, 1970
62z5
A motion was made by Strain, second by Ludowese,.and passed by all present
voting in favor, that the semi monthly bills, list attached, in.the amount of $112,573.77
were approved.
-Recommendation of Committee on Urban Environment that all water towers located
within the City of Rochester be painted Mist Blue -Aluminum, this color -change to be implement
through normal maintenance procedures as existing towers require painting. Upon motion by
Strain, second by Larson, and all present voting in favor, the recommendation was approved
and referred to the Public Utility Board for implementation as repainting is needed.
• Recommendation of City Planning Director that Mr. Harland Walker be employed as
Operational Planning Technician beginning August-3, 1970 and his rate of pay be Grade 19,
Step A. Upon motion by Larson, second by Ludowese, and all present voting in favor, the
recommendation was accepted and the appointment confirmed.
Recommendation of Chief of Police that request of the Student Council of the
John Marshall High School for permission to set off a rocket -every time the Rockets score at
their home football games be approved. Upon motion by Ludowese, second by Larson, and all
present voting in favor, the recommendation was accepted and permission granted. .
Recommendation of Chief of Police that application of Happy Warrior Bar and
Cocktail Lounge be -granted a dance license. Upon motion by Strain, second by Ludowese, and
all present voting in favor; the recommendation was accepted and the license granted.
Recommendation of Planning &Zoning Commission that the application to sell and
display trailers from the property at 1827 South Broadway be denied. Upon motion by Larson,
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second by Willmarth, and all present voting in favor except Alderman Ludowese who voted "nay")
the recommendation was accepted and the application denied:
Upon motion by Larson, second by Willmarth, and all present voting in favor, the
application of Thomas Kruse, contract concessionaire with the Board of Park Commissioners,
for a one -day license to sell non -intoxicating malt beverages "on sale" waa denied.
A motion was then made by Willmarth, second by Strain, that -the matter of issuing
a
one day licenses for beer and liquor and the fee therefor be referred to the Public Safety
Committee; all present voted in favor.
Upon motion by Ludowese, second by Willmarth, and all present voting in favor,
a resolution -authorizing and directing the Mayor and City Clerk to execute the change order
to the contract with A. Shelgren & Son, Inc. for the Silver Lake Expansion Painting Contract
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was adopted.
An Ordinance rezoning certain property and amending the Zoning Ordinance of the
City of Rochester, Minnesota (change Lots 12 and 13, Block 1, Northern Heights Addition to
B-la Neighborhood Business District) was given its first reading.
An Ordinance relating to zoning and minimum rear yard requirements amending
Sections 20.05, 21.04, 22.04,.and 23.04 and repealing Sections 52.04, 52.040, 52.041 and
52.042 of Ordinance No. 1296•as amended -by Ordinance No. 1520, was given its first reading.
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•e 6' Record of Official Proceedings of the C6m'rrioi1 Council
of the City of Rochester, Minn., July 20, 197Q •
Resolution amending the parking resolution as follows:
(1) Section H, Limited Parking Zones,_Zone C, is_amended by adding paragraphs
(20.1) and (20.2) to read as follows:
(20.1.) Sixth Avenue N.W. on the east side of the street between
Chicago Northwestern Railroad Company tracks and Sixth
Street N.W. between the hours of 8:00 A.M. and 5:00 P.M.,
Monday through Friday.
(20.2) Sixth Avenue N. W. on the.west side of the street.between
the Chicago Northwestern Railroad Company tracks and
Seventh Street N.W. between the hours of 8:00 A.M. and
5:00 P.M., Monday through Friday.
(2) Section H, Limited Parking Zones, Zone E,.is.amended by deleting paragraphs
(6) and (7) in their entirety.
(3) Section I, Parking Meters, Zone A, is amended by_adding paragraph (16)
as follows:
(16) East side of First Avenue Southwest, 100 feet more or less •
immediately north oY First Street Southwest.
(4) Section I,. Parking Meters, Zone C, paragraph (8) is amended in its
entirety to read as follows:
(8) First Avenue Southwest on both sides of the street between Center
Street and Fourth Street, except on the east side of the street
more or less immediately north of First Street Southwest.
Upon motion by Ludowese, second by Larson, and all present voting in favor, resolution adopted.
Resolution granting variance to permit parking accessory to Mayo Clinic to be located
on the premises located on the East side of 3rd Avenue N.W. between 1st Street and 2nd Street
N. W. and the front yard setback requirement is reduced.to permit parking on said premises to
be within 5 feet of the sidewalk along 3rd Avenue N. W. subject to the condition that such
appropriate shrubbery or.bushes as approved by the Board of Park Commissioners be planted
between the sidewalk and the parking area along 3rd Avenue N. W. Upon motion by.Ludowese,
second by Willmarth, and all present voting in favor, the resolution was adopted.
Resolution varying in part the provisions of Paragraph 30.06 of the Zoning Ordinance
and the front yard requirement is reducted to 5 feet to provide additional space for public
parking in the downtown area at 207 and 211 East Center Street. Upon motion by Willmarth,
second by Ludowese, and all present voting in favor, resolution adopted.
Resolution granting variance to provisions of_Paragraph 21.04 of the Zoning
Ordinance with respect to the minimum lot frontage requirements and reducing it to 55 feet
as applied to the premises known as 708 llth Avenue Northeast. Upon motion by Larson, second
by'Ludowese, and all present voting in favor, resolution adopted.
Resolution granting a temporary use of property at 1518.and 1522 Fourth Avenue S. E. S
for the storage of canned goods and authorizing Zoning Inspector to issue a zoning certificate
for such use for a period of not to exceed 12 months from the date of issuance, subject to
the condition that the applicant advise the Rochester Fire Department and Building and Safety
Department before using the premises for said purposes. Upon motion by Strain,,second by
Larson, and all present voting in favor, resolution adopted.
Resolution that. -the Common Council of the City of Rochester upon determination of
the Minnesota Municipal Commission ordering the annexation of lands in the Township of Marion
the Common Council intends to proceed with the extention of municpal sanitary sewer and water
services to said area pursuant to the provisions of law governing,such local improvements.
Upon motion by Ludowese, second by Strain, and all voting in favor, resolution adopted.
(Doughboy, Parkside Trailer, etc.)
Record of Official Proceedings of the ' Common Council � 6 2 7
of the City of Rochester, Minn., July 20, 1970
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Resolution authorizing Mayor and City Clerk to execute, on behalf of the City,
•the.contract for grant to acquire Open -Space Land for the acquisition of park land,
maximum aount•of grant $3,750.00. Upon motion by Larson, second by Willmarth, and all
present voting in favor, resolution adopted.
Upon motion by Willmarth, second by Ludowese,.and all•present.voting in favor,
the license bond of Riverside Sand and Gravel Company in the amount of $1,000.00 with
Western Surety Company as surety was approved:
Upon motion by Zudowese, second by Willmarth, and all present voting in favor,
the letter from the Rochester Development Company - Rochester Auto Parkj Inc. dated
July 17, 1970 was referred to the City Attorney.
Information and Items Referred
1. Minutes of Standing Committees 7-13-70
2. Minutes of Committee of the Whole Meeting 7-15-70
3. Letter from Clara Siem concerning Dump Site
4. Letter concerning 2nd St. S.W. Improvement (K & K Electric Supply)
5. Referred to Planning & Zoning -Commission:
a. protest against zone change on north 55 ft. of Lot Block 6, Golden Hill
b. petition to change zoning on property at 1103 9th St. N.W.
c. application for variance on property at 1103 9th St. N.W.
d. application for variance on Lot 9, Block 2, Valhalla 4th Subdivision
e. application for plat approval-replat of part of Sunrise Estates to Bailey and
Berg Replat
f. protest of Rochester Town Board on annexation of part of NW'k of SEction 11
g. application for variance at 307 3rd Ave.-N.W. - Robert Neill
h. application for variance on Highway # 63 North - R. A. Pagel
6. Letter from Ralph Fredrickson of 2530 3rd Ave. N.E. to have sewer extended to his
property
7. Letter from E. J. Klampe requesting "on sale" liquor license.
Notice of hearing on appeal filed by the City of Rochester relative to Olmsted County
Planning Advisory Commissions denial of a special exception permit - hearing on July 29,
1970 at 8:00 p. m.
Upon motion by Ludowese, second by Willmarth, and all present voting in favor, the
meeting was adjourned.
Ciry Clerk
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