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HomeMy WebLinkAbout11-16-1970666 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., November 16, 1970 • 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 November 16, 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, Strain, Willmarth (Alderman McNary arrived at the meeting at 9:10 P. Y.). Upon motion by Ludowese, second by.Strain, and all present voting in favor, the minutes of the meeting of November 2, 1970 were approved. Hearing on petition to vacate that portion of 3rd Avenue N. W. as it now exists along the north 665.46 feet of ,the North -South quarter Line of Section 26-107-14 in Olmsted County, Minnesota excepting a 66 foot length where 26th Street N.W. is platted in Valhalla 2nd Subdivision and Elton Hills East 5th Subdivision if extended, cross said 3rd Avenue N. W. There was no one present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by Cherland, second by Larson, to proceed with the vacation and instructing the City Attorney to prepare the necessary resolution; all present voted in favor. Hearing on application for a variance to sign provisions of the Zoning Ordinance at 215 4th Street S. E. Mr. Marvin Pelliner, the petitioner, was present and again said they were not aware that a permit was needed or.that it had to be of incombustible materials if the sign was over 40 square feet in area, he said their specifications by FHA showed that this was not combustible and they had not completed installing it because they were not sure of getting the permit; he said they could tear the sign down if necessary, they had only about $40.00 in it so far, but he said he could not -%understand the resentment shown them by the Planning and Zoning Commission. The recommendation of the Planning & Zoning Commission was that this variance be granted for a period of 12 months and after that the sign shall be made to comply with the provisions of the Zoning Ordinance. There was no one else present 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 disapproved and the variance be denied; all present voted in favor. Hearing on application for a variance of required front yard on Lot 6, Block 1, Bailey and Berg Resubdivision. The recommendation of the Planning & Zoning Commission was that even though the lot has the required legal frontage and area, it has a restricted buildable area resulting from its irregular shape and they recommend that the minimum required front yard be 25 ft from the straight west line of 17th Avenue N.W. and that the required front yard paralleling the partial circle be reduced to 19ft. There -was no one present wishing to be heard. President Postier declared the hearing officiallay closed. Alderman Larson said he had viewed this k property and could see no reason for the dul de sac which is in front of this lot since traffic could go on both the street and avenue and felt if this extra land was added to this lot they would have the required frontage and area. A motion was made by Larson, second by Strain, that the variance be denied, all present voted in favor. 1 1 n 0 1 L� Record of Official Proceedings of the Common 'Council of the City of Rochester, Minn., November 16, 1970 1 H U u 0 i' Hearing on application for variance to allow a 60 foot sign at 19th Street N.W. and T. H. 52 West Frontage Road (International Motel). Mr. Art Swan, Attorney was present representing Wheaton College, the petitioners; he said the highway was substantially depressed at this location and the exit ramps from the highway were a considerable distance to the north and.south of 19th Street and it was difficult to see the outdoor advertising that is up now.and within the 30' maximum height limitation of the B-lb District. The recommendation of the Planning & Zoning Commission was to approve the variance. There was no one else present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by Larson, second by Willmarth, that the requested variance of 60 feet be denied but a variance of 40 feet be allowed and the City Attorney be instructed to prepare the necessary •resolution; all present voted in.favor. Hearing on application for a variance to allow an.increase in the floor area ration to permit additional apartments to be developed at 620 2nd Street S. W. Mr. Robert Springer, the petitioner and owner of the building was present and said he felt the highest and best use of this property had changed since it was built and he would like to convert some of the office space into apartments. The recommendation of the Planning & Zoning Commission was that this application be denied as they felt this situation was handled more appropriately by Paragraph 15.03 of the Zoning Ordinance which would allow him to convert the existing structure. There was no one else present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by Cherland, second by Strain, that the variance be denied; all present voted in favor. A motion was .made by Cherland, second by Strain, and all present voted in that the following appointment and changes of the school crossing guards be approved: Mrs. Alma Schacht of 804 14th St. N.W. - located at 14th Street and 8th Avenue N.W.; she replaces Mrs. Lundquist who transferred to the newly created position ad llth Avenue and East Center Street. Mrs. Mary Blondell of 1206 loth Ave. N.W. - located at 14th Street and 13th Avenue N.W.; she replaces Mrs. Josephine Cassel who terminated. Mrs. Donna Williams of 1411 Cascade Street N.W. —located at Herbert Hoover, Elton Hills Drive #369; she replaces Mrs. Ruth Pater who terminated. Mrs. Joan Kujath of 1208 4th Avenue S.E. formerly a substitute guard was transferred to Ben Franklin crossing; this is a new position. Mrs. Susan Smith of 2412 18th Ave. S.E. placed as a substitute guard. Mrs. Leona Wagner of 3802 3rd Place N.W. - located at 36th Ave and 4th Place N.W. (Harriet Bishop); this is a new position. Upon motion by Strain, second by Cherland, and all present voting in favor, Mr. James Andre was appointed as City Administrator, effective November 16, 1970 and Steven Kvenvold was appointed to the position of Administrative Assistant. Bids were received and opened for sewer and water extension in 3rd Avenue N.E. to Lot 1, Block 1, Northstar Subdivision. Bids of Riverside Sand & Gravel Co. in the amount of $26,021.00; Littrup Nielson, Co. in the amount of $25,875.00; Floyd Larson Construction Company in the amount of $16,174.25 and Fraser Company, Inc. in the amount of $22,970.85 were each received and opened. Upon motion by Ludowese, second by Strain, and all present voting in favor, a resolution was adopted accepting the low bid of Floyd Larson Construction Company in the amount of $16,174.25. • 696 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., November 16, 1970 - • Upon motion by Cherland, second by Willmarth, and all present voting in favor, the application of Beverly Motel at 426,2nd Street S. W. for a license to sell cigarettes was approved and the license granted. The contract bond of Riverside Sand & Gravel Company in the amount of $8,844.20 with Fidelity & Deposit Company of Maryland as surety. Upon motion by Cherland, second by Willmarth, and all present voting in favor, the bond was approved and accepted. ,Recommendation of Engineering - Traffic that Rochester Code of Ordinances be amended to establish Lot No. 6 (Railroad Lot) and Lot,No. 7 (Norton Lot) as metered parking lots and Lot No. 5 (East Center Street Lot) as an Honor -Pay system Municipal Parking Lot. Upon motion • by Larson, second by Cherland, and all present voting in favor, the recommendation was accepted and the City Attorney instructed to prepare the necessary ordinance. Recommendation of Planning & Zoning Commission that petition to vacate 16k Street N.W. from 3rd Avenue N.W. and including the temporary cul-de-sac on the west end be approved subject to (1) a replat be made to wipe out all existing lot lines and streets lines except Lot 7, this should include the entire Crenlo holdings including the existing plant site (2) retain a 15' utility easement for maintenance of the existing sanitary sewer and water main and for the extension to the west (3) disconnect the water service connections that are not needed (4) all parking on the boulevards along the west side of 3rd Avenue N.W. be prohibited and proper off-street,parking facilities be provided elsewhere on the site and (5) a acreening be provided along the west side of 3rd Avenue N.W. except for vehicular. accesses. Upon motion by Strain, second by Cherland, and all present voting in favor, the recommendation was accepted, subject to the five provisions being taken care of and a resolution ordering a hearing on the said vacation for January 4, 1971 at 7:30 p.m., was adopted. Recommendation of Planning & Zoning Commission that the petition to vacate the alley in Blocks 103 and 104 lying South of a line running from the Northwest corner of Lot 16, Block 103, to the Northwest corner,of Lot 1, Block 3, Willson's Addition to.the City of Rochester be approved subject to (1) that the 18' alley width be retained as a utility easement for the maintenance of existing utilities or for future extension to the south (2) that a suitable turnaround be developed,at the south end of the protion of the alley remaining, this should be large enought for service vehicles to turn around (3) a 10' utility easement be dedicated for the 6" water main existing across Lot 1, Block 103 (4) a 10' utility easement be ded- icated for the sanitary sewer that is in place across Lots 5 and 10, Block 104, Willson's Addition and (5) a suitable private traffic circulation plan be worked out for the Thiem Property in cooperation with the adjoining property owners. Mr. Dwayne Hoops, Attorney, representing the petitioner, was present and stated that the petitioners had agreed to give whatever easements are necessary and an agreement had been worked out whereby Theim can have access to his property. Upon motion by Strain, second by Cherland, and all present voting in favor, the recommendation was accepted, subject to the five provisions being taken care of, and a resolution ordering a hearing on the said vacation for January 4, 1971 at 7:30 P. M. was adopted. Record of Official Proceedings of the ` Common Council.6 9 it of the City of Rochester, Minn., November 16, 1970 1 is d E U F� A motion was made by Strain, second by Cherland,.and passed unanamiously, that .the.semi monthly bills in the amount of $415,559.38., list.attached, be approved. Upon motion by Ludowese, second by Cherland, and all present voting in favor, a resolution was adopted authorizing the City Clerk to advertise for bids for the years supply of gasoline and hauling of gasoline. Recommendation of Planning and Zoning Commission stating that they had con- sidered the recommendation of the committee on Urban Environment and being equally concerned about environmental matters and knowing the role local governments play in improving its general quality, they think it would be advisable to have the City Attorney review the city's legal authority in this field. A motion was made by Ludowsesq second by Larson, instructing the City Attorney to invesitage the City's legal authority in this matter; all present voted in favor. Recommendation of City Planning Department re application to convey by metes and bounds description a parcel of unplatted land located at the S.W. corner of 37th Street N.W. and 21st Avenue N.W. Upon motion by Cherland, second by Strain, and all present voting in favor, the recommendation was referred to the Public Works Committee. Recommendation of Traffic -Engineering that parking be removed on the south s of 4th Street S.W. between 1st Avenue and 2nd Avenue S.W. and on the north side of 4th Street S.W. from 1st Avenue to a point 260 feet more or less to the west, this will involve the removal of 4 meters on the.south side and 3 meters on the north side, it will also be necessary to reduce the passenger loading zone in front of N.W. Bell Telephone Company from 70 feet to 40 feed or approximately one space; this will tie in better to the proposed striping they have planned for 4th Street near Broadway and enable them to C also provide left turn lanes on 4th Street at 1st Avenue S.W. Upon motion by Cherland, second by Strain, and all present voting in favor, the recommendation was referred to the Public Safety Committee together with a petition of protest for the removela of parking meters on 4th Street S. W. with approximately 120 signers. Resolution authorizing Mayor and City Clerk to execute a lease agreement between the Public Utility Board and the Chicago and North Western Railway Company for two parcels of land to be used for sites for pump house, encroachment of fuel oil tanks and storage of poles. Upon motion by Willmarth, second by Larson, and all present voting in favor, resolution adopted. Resolution vacating that portion of Third Avenue Northwest as it now exists along the North 665.46 feet of the North -South quarter line of Section 26-107-14 exceptin a 66 foot length where 26th Street Northwest is platted in Valhalla Second Subdivision and in Elton Hills East Fifth Subdivision, if extended, cross said Third Avenue Northwest Upon motion by Ludowese, second by Willmarth, and all present voting in favor, resolution adopted. Resolution requesting the Commissioner of Highways to study the need and • Record of Official Proceedings of the' Common Council of the City of Rochester, Minn., November 16, 1970 feasibility of rerouting T. H. No. 63 within the City of Rochester, Minnesota along T.H. No. 52 and designating as part of T.H.. No. 63 a new east -west connecting road between T.H. No. 52 and T. H. No. 63 located north of 37th Street Northwest. Upon motion by Larson, second by Ludowese, and all present voting in favor, resolution adopted. Recommendation of Enginnering-Traffic that parking be removed on the west side of 2nd Avenue S.E. between 16th and 17th Street during the hours of 8:00 a.m. to 4:00 p.m. Monday thru Friday. A motion was made by Strain, second by Willmarth, that parking not be removed as recommended (the business has moved to a new location so there would be no need for removal of the parking); all present voting in favor. Resolution amending the Parking resolution as follows: (1) Section D, Truck LoadingZones, Paragraph (6) is hereby deleted in its entirety. (2) Section B, No Parkin Zones, is hereby amended by adding a new Paragraph (90.1) to read as follows: (90.1) Third Avenue Southeast on the east side of the street between llth Street and 13th Street; and on the west side of Third Avenue Southeast between llth Street and a point 250 feet more or lesssDuth of 12th Street at all times." (3) Section E, Passen&er Loading Zones, Paragraph (33) is hereby deleted in its entirety. (4) Section I, Parking Meters, Zone A, is hereby amended by adding a Paragraph (13.5) to read as follows: (13.5) Second Street Southwest on the South side of.the street 60 feet more or less in front of the premises known as theCity Library. (5) Section I, Parking Meters, Zone D, Paragraph (11) is hereby amended to read as follows: (11) Second Street Southwest on both sides of the street between Second Avenue and Fifth Avenue (except on the south side of the street.60 feet more or less in front of the premises known as the City Library) and between llth Avenue and 13th Avenue. (6) Section B, No Parking Zones, is hereby amended by adding Paragraph (134.1) to read as.follows: ;(134.1) Sixth Avenue Northwest on the west side of the street from First Street Northwest to a point 100 feet more or less north of First Street Northwest at all times. Upon motion by Cherland, second by Ludowese, and all present voting in favor, resolution adopted. An Ordinance relating to the establishment of Municipal Parking Lots, and Parking Fees; amending Rochester Code of Ordinances Section 148.010, 148.020, 148.030, 148.040, 148.050 and 148.060 (establishing Parking Lots No. 2, 5, 6 and 7) was given its first reading. Upon motion by Larson, second by Strain, and upon roll call and all present voting in favor, the rules were suspended and the ordinance was given its second reading. A Motion was then made by Larson, second by Cherland, that the said ordinance be adopted as read and all present voting in favor, President Postier declared the. said ordinance duly passed and adopted. A motion was made by Cherland, second by Strain, to reconsider the annexation of the R.E.A. property; all present voted in favor. Alderman McNary arrived at 9:10 P. M. Mayor Day reported that he, C. A. Armstrong and Alderman Ludowese had met with the Board of R.E.A. this afternoon and the Board had agreed to pay 20% of the cost of financing the cost of extension of the utilities, the total cost of the utlities was estimated at about $130,000.00 and in order to sell bonds for such an improvement at least 20% of the �I • 1 1 1 11 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., November 16, 1970 693 1 I • 1 Is 1 • 1 cost.would have to be immediately assessable. Mr. Koskovich, Building andSafety Director, reported that the plans for the proposed building had been checked and approved by the County Building Code which is like the code of the City, except that the City has a much more'stringent sprinkler ordinance, the City code requires a sprinkling system in a 40,000 sq. foot warehouse like they propose but -the County code does not. Mayor Day was to write to R.E.A. that the building as approved by the County Codes would also be f' approved by the City and also to suggest to them that a sprinkling system be included in the building. A motion was then made by Ludowese, second by Cherland, that the annexation of the R.E.A. property be approved and the City Attorney be instructed to prepare the II it •necessary ordinance; all voted in favor. It was noted that the next meeting of the Common Council would be on December d 14, 1970, due to the fact that a majority of the members of the Council would be attending) the•annual Congress of Cities to be held in Atianaa, Ga. on December 7 to 10. Upon motion by Cherland, second•by Strain, and all voting in favor, the meet was adjourned. City Clerk INFORMATION 1. Minutes of standing committees 11-9-70. 2. Letter from James T. Thompson re burning on boulevards (referred to City Engineer and Finance Director) 3. Referred to Planning & Zoning: a. application for variance - west 45 ft, south 79 ft, Lot 1, Block 14, Moe & Olds Addition (Marlin Pelliner) b. application for approval of final plat of Elton Hills East Seventh Subdivision (Builders Land Co.) c. application for conveyance of unplatted land or portion of a platted lot by metes and bounds description (SW corner at 37th St. & 21st Ave. N.W.) 4. Claim of damage to automobile - Edgar Quistad (referred to City Attorney and Insurance Company) •