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HomeMy WebLinkAbout09-21-1970Record of Official Proceedings of the Common Council 6 5 a of the City of Rochester, Minn., September 21, 1970 1 0 r] 1 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 September 21, 1970. President Postier called the meeting to order at 7:30 o'clock P. M., the following members being present: President Postier, Aldermen Cherland, Larson, Ludowese, McNary, Strain, Willmarth. Absent: None. Upon motion.by Strain, second by Ludowese, and all voting in favor, the minutes of the meeting of September 9, 1970 were approved with the following two corrections! (1) on page 6, sixth line from the bottom the name be changed to President Postier and (2) on page 6, the following paragraph be deleted, the ordinance was not given its first readi it was presented and copies were to be sent to the Council - delete "An Ordinance establis the Department of Building and Safety; prescribing its power and duties; creating the offi of Director of Building and Safety; amending the Rochester Code of'Ordinances by adding Chapter 37 and Repealing Section 61.010, was given its first reading". President Postier-stated this as being the time and place set for hearings on the following projects: Hearing on the petition for a zoning district change from R-1 (Single Family Residential) to the R-4 (Multi Family Residential zoning -districting on the property locatec at 1103 9th Street N. W. The recommendation of the Planning & Zoning Commission was that the property north of 9th Street N.. W. is all residential use except for a church and the area is zoned an R-1 District and based on these findings they recommend that this petition be denied. Dr. Richard Derby of Canton, South Dakota, the petitionerwas again present and urged that the zone change be approved. Mr. Herbert Fitch of 1107 9th Street N. W. was present in opposition and when asked why he had signed the petition in favor, he said there was a misconception and he was definitely opposed to the zone change. There was no one else wishing to be heard. President Postier declared the hearing officially closed. A motion was made by Ludowese, second by Strain, that the recommendation of the Planning & Zoning Commission be approved and the requested zone change be denied; all voted in favor. (Dr. Derby inquired what his next step was and was told to meet with the Planning Director and City .Attorney to work it out). Hearing on proposed amendments to the Land Use Plan in the Area of U. S. 52 Country Club Manor from 2nd Street S. W. to U. S. 14. Mr. Ray Arends of 207 5th Avenue S.W. said that about two months ago he had requested some change in this area, he was interested in a mobile court which he was going to start for his son when he got out of the army but now his son was not interested because he was going on to law school, so he was in favor of leaving this just as it is at present. Mr. David Bishop, Attorney represented the Rochester Bread Company who owned about 10 acres out here, he said they had a 30 year lease with Continental Baking Company and one stipulation was that they had to provide an alternate site in an industrial zone in case the present building should ever be condemned; he said 6 6 Record of Official Proceedings of the Commori Council of the City of Rochester, Minn., September 21, 1970 • their 10 acres had been completely filled to level with the highway so the site is industrial but does not have an industrial plant on it; he said he hoped the Council would take this in to consideration and if it considered rezoning of adjacent property would provide some sort of buffer. Mr. Don Grue of 1312 7th Street N. E. was present in behalf of Mayo Foundation; he said it might be best to have their land in this area in M-1 zone because in the development of that particular part of this area it would take a lot of fill which would be prohibitive, he said they would like it M-1: Mr. Charles Forbrook of 3558 7th St. N.W. representing Johnson, Drake & Piper said they were for having north of 7th Street as commercial and would also need 7th Street to stay open for hauling gravel, etc. Mr. Bob DeWitz of 2726 17th Avenue N. W. said his property on this land use map is commercial and he has a deal going with a trucking firm to sell to them; he said he is also interested in whether 7th Street would be closed or not, if 7th Street were closed his property would be of no value and the trucking firm would not be interested, so he was more interested in keeping 7th Street open that what his property is. President Postier said the Council has talked that 7th Street would eventually be closed but these properties would be served by a service road if this would happen. Mr. David Bishop said this had been aired before the Minnesota Municipal Commission last spring, at which time many of these people were heard and the Commission ruled that this land involved was not to become urban and wondered why it had been brought up again at this time, if someone wanted to develop it fine but otherwise the plan seemed to be just a lot of trees, like an exercise in city.planning. President Postier said there had been requests from both Ray Arends and J. W. Clemens for trailer courts but seems as if they have changed their minds. Mr. Carlton Penz of Hilltop Acres said it appeared to him that the development of this area is related to the 7th Street crossing, his -property is commercial but would be worthless if the crossing is,out. There was no one else wishing to be heard. President Postier declared the hearing officially closed. Upon inquiry, C. A. Armstrong, City Engineer, said it would be about five years before an overhead crossing could be constructed. Alderman Ludowese said this has been studied many times, we talked .about 7th Street and 35th Avenue and no grade crossing; Mr. Armstrong indicated it would be about five years or more before this could be built, we just finished working on a six year capital outlay program and we did not put any money in for this, the Highway Department has not appropriated a dime and part of the County Board says they will put 35th Avenue in and the others say "no"; he said we need 7th ,Street, the 7th Street crossing isa necessity to the growth of that area so he would like to see this Council say that there, would be a 7,th ,Street and tell the Highway Department that this is a fact and let them work from there. A motion was made by Cherland, second by Strain, that this proposed land use plan be tabled indefinitely; all voted in favor. A motion was then made by Ludowese, second by Cherland, that the matter of whether or not 7th Street would be closed be referred to the Public Works Committee; all voted in favor. (Mr. Tom Moore, City Planning Director, said.he had hoped some kind of plan could be approved, he was looking for some guidance what will they as planning people tell people what they can use this property for; he said he guessed it was back to the present plan, it is now zoned by the County. President Postier said he thought when the Public Works Committee comes back with a definite answer on 7th • Record of Official Proceedings of the Common Council of the City of Rochester, Minn., September 21, 1970 657 1 0 1 1 • Street there would be more to work on.) Hearing on proposed change of zoning district on the Oil City Property on 3rd Avenue S.E. from the R-1 to the M-1 District. The Planning and Zoning Commission recommended the M-1 District, this would make the bulk oil uses and scrap metal yard non- conforming uses but they would be able to continue the use indefinitely, they also recommended that dikes be constructed around the petroleum storage tanks for fire protectio purposes. Mr. Delmar Fisher of 1409 - 8k Avenue S. E. introduced representatives of the following oil companies - Minnesota Petroleum Council, American Petroleum, Phillips 66, Coop. Oil Company, Greenway Coop., Mobil Oil Company, Sinclair, Skelly, Union 76, Standard Oil Company and Continental Oil Company - he said this group were opposed to the M-1 District and requested that the property be rezoned as M-2, he said most of them have a program either planned or in progress for enlarging their businesses and this could not be done under M-1; he also said that most of them had either already constructed or were in the process of constructing.dikes around their storage tanks.for fire protection purposes. Mr. Wilbur Jennings, owner of the scrap metal yard also opposed the M-1 District because he would not be able to enlarge or transfer ownership. Mr. Don Grue representing Mayo Foundation.spoke in favor of a more restrictive zone and opposed -the M-2 District, he said they were getting closer in their construction to Oil City area all the time and they could not develop next to a heavy industrial area. Mr. George Holter of Rochester Bus Lines said he had seen other cities experience losses by curtailing.business along the R.R. tracks, he said Oil City does not contribute any school children but it certainly does contribute a lot of taxes and revenue for the City, he suggested that this property be changed to M-2 District and a buffer be put between Oil City and the residential property. There was no one else wishing to be heard. President Postier declared the hearing officiall} closed. A motion was then made by Strain, second by Ludowese, that this property be change) to the M-2 District and the City Attorney be instructed to prepare the necessary ordinance, upon roll call all voted in favor of.the motion except Alderman McNary who "abstained". Wayne Fieck was before the Council and requested their support for the Walk of Freedom which going to take place on October 3, 1970 and also asked them to participate in the walk; he said they had good success last year, about 900 marched and they raised over $13,300 but they hoped to do much better this year, they.expect about 2000 people to march and hoped to raise over $20,000; this money would be put in the First National Bank and then mailed to American Freedom for Hunger headquarters in New York, they figure 42k'/o would be spent overseas in West Africa, 42k% would go to Indian Reservations in northern Wisconsin and the remaining 15% would go to the American Freedom for Hunger Fund to be used for administrative costs: He said they were having a concert.in Mayo Park next Sunday, there would be two rock groups and two full singing groups and.he,requested the Council to authorize them the use of the Mayo Civic Auditorium free of charge in case of rain. A motion was made by Strain, second by Cherland, that the Council use their discretionary powers to approve use of the Auditorium free of charge in case of rain, Postier, Larson, Record of Official Proceedings of the Common Council of the City of Rochester, Minn., September 21, 1970 0 Ludowese, McNary and Willmarth voting "nay" and Cherland and Strain voting "aye', the motion was declared lost. A motion was then made by=Larson, second by Willmarth, that -the Common Council commend the committee for their activities and urge the local community to support them in every way possible in their Walk For Freedom Program that they have planned; all voted in favor. Proposal to install 50 courtesy benches at various bus stop locations around the City and to display advertising upon -these benches as submitted by Mr. George Holter of the Rochester Bus Lines and Motor Coach Advertising. Mr. Gerald Swanson, City Attorney reported that he and Mr. Tom Moore, City Planning Director had examined this proposal as it would be affected by (1) the Zoning Ordinance and (2) the placement of private advertising within the public right-of-way. The City Zoning Ordinance prohibits signs on sidewalks and other public right -of - ay. The Zoning Ordinance prohibits display signs, which I understand these public benches would have on them in residential areas, further limits the type of signs permitted in other districts; each district extends to the middle of the street. Public bus stop signs and schedules are permitted within right-of-way but private advertising is an exception rather than the rule. I think that if the Common Council approves the project which would allow benches with advertising in public right-of-way it is necessary to amend Section 84.210 of the Code of Ordinances and also make changes in the Zoning Ordinance to permit this type of sign. The use of benches within right-of-way is generally permitted as long as they do not obstruct the 11idewalk or traffic. Mr. Woody Daniels with the U. S. Bench Corp. of Minneapolis said they had Veen working on this since back in 1963c and suggested that the Council table this until spring, they have a new fiber glass bench that is going to be used in Minneapolis and by next spring they lould know how they stood up. Mr. David Grimsrud of the Urban Environment Committee said their committee is in favor of the bench but is opposed to this type of advertising on the benches, they heel the City should have some plan for designed coordination for all equipment put out on the 11 Street; he said he would like a couple of weeks more so he could talk to some of the service clubs to see. if they would be in favor of supporting some benches. A motion was made by Strain, second by Cherland, that this matter be referred to the Council as a committee of the whole for consider- ation at their meeting on October-13, 1970; all voted in favor. • Upon motion by Strain, second by Cherland, and all voting in favor, the meeting was recessed for 5 minutes at 9:45 P. M. President Postier called the meeting to order again at 9:50 P. M. with all members being present. Bids were received and opened at 2:00 P. M. on September 21, 1970 for Part I of Elevated Water Tank and Trunk Mains for the High Level District in Ek Section 27 and Wk Section 26 if the N.W. Service Area and the following bids were received: Fraser Company Inc. $17,463.75, Riverside and & Gravel Co. $18,228.00 and Littrup Nielson, Inc.- $20,329:00. The City Engineer's preliminary estimate was $16,209.00. Upon motion by Larson, second by Cherland, and all voting in favor, a resolution accepting the low bid of Fraser Company Inc. in the amount of $17,463.75 was adopted. L. Record of Official Proceedings .of the Common Council of the City of Rochester, Minn.,. September 21, 1970 6o9 1 • 1 1 11 1 Upon motion by Ludowese, second by Larson, and all voting in favor, the following applications for licenses were approved: (1) transfer of "on" and "off" sale 3.2 beer license from Louis Herrick to Barbara and Ken Culberton at Alibi Inn at 104 East Center Street (2) license to sell cigarettes of Barbara and Ken Culberton (3)license to sell '.'on sale" non -intoxicating 3.2 beer at Lum's Restaurant at 18 South Broadway to be effective on December 1, 1970. Upon motion.by Ludowese, second by Larson, and all voting in favor, a resolution granting one public dance permit to Rochester Youth Center to be held at the North Hall of Mayo Civic Auditorium on September 26, 1970 was adopted. Upon motion by Larson, second by Cherland, and all voting in favor, the establishing of adult crossing guards at (1) 36th Avenue and,4th Place N.W. (Harriet Bis School) and (2) 3rd Avenue and 16th Street Southeast (Ben,Franklin School) was approved. A motion was made by Cherland, second by'Strain, and passed unanimously, that the semi-monthly bills in the amount of $73,568.01, list attached, _:be approved. Upon motion by Ludowese, second by Strain, and all voting in favor, a resolution ordering bids to be opened on October 5, 1970 for "Phase I of extension of 9th Street S. E. from 3rd Ave. S.E. to South Broadway together with necessary utilities" was adopted. Resolution authorizing and directing Mayor and City Clerk to execute on behalf of the City of Rochester an agreement for a revokable permit to the C. F. Massey Company for construction of a vestibule on the Second Street Southwest side of the Massey Company. Upon motion by Cherland, second by Ludowese, and all voting in favor, resolution adopted. Resolution instructing the City Engineer to proceed with the construction of a concrete sidewalk on the east side of llth Avenue N.E. along Lots 5, 6 and 7, Duville Second Addition and Lots 6, 7, 8 and 9, Sawinski's First Addition and ordering . to be made. Upon motion by Ludowese, second by Willmarth, and all voting in favor, resolution adopted. Resolution granting a variance to permit a 6 foot high redwood fence between Lot 2 and south 90 feet of Lot 1, Block 6, Kutzky's Addition and abutting R-1 residence district property (1101-2nd St. S.W.). Upon motion by Ludowese, second by Cherland, and all voting in favor, resolution adopted. Resolution granting a variance to permit a 6 foot high redwood fence between Lots 2 and 3, Block 1, D. P. Madden's Addition and the abutting R-1 Residence District (701-12th Street S.E.). Upon motion by Cherland, second by Ludowese, and all voting in favor, resolution adopted. Resolution approving application for authorization to use premises known as Lots 1, 2 and 3, Block 25, Northern Addition (1005 North Broadway) to conduct business of U-Haul Dealership. Upon motion by Strain, second by Ludowese, and all voting in favor, 0 resolution adopted. 660 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., September 21, 1970 • Resolution granting a variance to allow a 3ft x 8ft sign displaying the words Olmsted Medical and Surgical Group JLot 1, Bracken Mead Subdivision). Upon motion by Strain, second by Ludowese, and all voting in favor, resolution adopted. Resolution granting variance to reduce.front yard to 5.ft.,distant from sidewalk along 4th Avenue N. W. (Lot 2 and Eastk of Lot.3, Block.57, Original Plat). Upon motion by Strain, second by Willmarth, and all voting in favor, resolution adopted. Resolution authorizing and directing Mayor and City. Clerk to execute Release and Indemnifying agreement dated November 25, 1969, between -the City, Crescent Electric Supply Company and United States Fidelity and Guaranty Company relative to the contract for Old Airport and Cascade Creek Substations. Upon motion by Cherland, second by Willmarth, and all voting in favor, resolution adopted. Ordinance establishing the department of building and safety; prescribing its power and duties; creating the office of Director of Building and Safety; amending the Rochester Code of Ordinances by adding Chapter 37 and. Repealing Section 61.010. Upon motion by Larson, second by McNary, and all voting in favor, this ordinance was tabled until the next meeting. Ordinance rezoning certain.property and amending the Zoning Ordinance of the City of Rochester, Minnesota (Grindlay Property to R-3 Multi,Family Residence.District) was given its second reading. A motion was made by Strain, second by Ludowese, that the said ordinance be adopted as read and upon roll call all voting in favor except Alderman Larson who voted."nay", President Postier declared the said ordinance duly passed and adopted. Ordinance creating the Office of City Administrator, Prescribing the Administrator's Duties.and Responsibilities; and amending.the Rochester.Code of Ordinances by adding a New Chapter 21 thereto, was given its first reading. Ordinance Rezoning certain property and amending the Zoning Ordinance of the City of Rochester, Minnesota (Oil.City Property to M-2 District) was given its first reading. Ordinance relating to Intoxicating Liquors, providing for the issuance of special licenses fot the sale on Sunday; amending Rochester code of Ordinances -Sections 160.010, 160.050, 160.120, 160.140, 160.160, 160.180, 160.260, and adding a new -section 160.041 thereto, was given its first reading. A motion was made by Larson, second by Cherland, to suspend the rules and give the ordinance its second reading; upon roll call Alderman Ludowese voted "nay". Application for approval of conveyance.by metes and bounds of '(,property located on the Southeast corner of 3rd Avenue and 31st Street N. E. Mr. Tom Moore, City Planning Director stated that he felt this should be platted, there has been no offer of right-of-way easements and he felt we should have easements for 3rd Avenue.and 31st Street, the Council has approved a preliminary plat for this land this conveyance would be.contrary to the provisions of that approval. Mr. Joe Weis, one of the petitioners, said they would be agreeable to dedicating what is necessary for streets but requested approval of the metes and bounds conveyance so he could get started with his project. A motion was made by Strain, second by Cherland, the at the conveyance by metes and bounds be approved subject.to them submitting a 1 • J 1 • I. • Record of Official Proceedings of the Common Council of the City of Rochester, Minn., September 21, 1970 661 1 • 1 1 0 1 a plat of Lot 1 within 30 days, all voted in favor. Upon motion -by Strain, second by Cherland, and all voting in favor, a resolution approving the conveyance of the property located on the N.E. corner of 3rd Avenue and 31st Street N. E. by metes and bounds, -subject to them submitting a final plat within 30 days, was adopted. Upon motion by Cherland, second by Willmarth, and all voting in favor, the Personnel Advisory Committee was authorized to direct a letter to all department heads that all requests for new -jobs and additional personnel be.approved by the Personnel Advisory Committee. • Information 1. Minutes of the Standing Committees 9-14-70 2. Letter from property owners in the vicinity of 14th Avenue and 3rd Street N.E. concerning junk cars at 226 14th Avenue N.E. 3. Referred to Planning & Zoning Commission: a. application for approval of a trailer coach park (Rochester Park Board for Mayo Civic Auditorium Parking Lot) b. petition for a zoning district change from R-1 to M-1 (2001 North Broadway) Upon motion by Strain, second by Willmarth, and all voting in favor, the meeting was adjourned. City Clerk 1 ! .•