HomeMy WebLinkAbout01-18-1971Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., January 18, 1971
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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
January 18, 1971.
President Postier called the meeting to order at 7:30 o'clock P. M., the follo
members being present: President Postier, Aldermen Larson, Ludowese, McNary, Novak, Str
Willmarth. Absent: None.
Upon motion by Strain, second by Novak, and all voting in favor, the minutes
of the meeting held January 6, 1971 were approved.
Members of Boy Scout Packr#26 and St. Francis Cub Pack # 86 were present and
introduced.
Hearing on application for approval of Community Development Project for Summit
Square Townhouse Community . Mr. Ray Arend of the Rochester Towers was present and said
he would like to see a plan of this. Mr. Willis Schellberg presented drawings of the
proposal, he said they had discussed this with the Planning Director and had come to an
agreement on the 11 items listed in the recommendation of the Planning & Zoning Commission
with the exception of No. 9 "the extension of 40th Street N.W. to the east and its return
to 37th Street". C. A. Armstrong, City Engineer, said he felt they should submit a
development plan for the 40 acre tract and a future street plan, he said he thought the
street right-of-way should be committed or dedicated so they would know what is going to
be the extension of 40th Street. Mr. Erwin Walth said at,-,6ne time he was willangd=-to
provide all these streets but now he had been forced to sell off a piece and he could
not sell piece -meal and donate all the roads, he said they were talking of about
4100,000.00 worth of roads. There was no one else present wishing to be heard. President
Postier declared the hearing officially closed. Afther further discussion a motion was
made by Larson, second by Ludowese, that the development plan for the project be approved
subject to the approval by the Planning & Zoning Commission of the general development
plan for the 40 acre tract of land and the streets abutting and serving that area. A
motion -was then made by Willmarth, second by Larson, to amend the above motion that the
owners not be required to construct the street past their East property line at this
time, all voted in favor. President Postier then called for a vote on the original
motion as amended and all voted in favor thereof.
Hearing on final plat of Sunset Terrace Fifth Addition. There was no one
present wishing to be heard. President Postier declared the hearing officially closed.
Upon motion by Ludowese, second by Willmarth, and all voting in favor,a resolution was
adopted accepting and approving the plat to be known and designated as Sunset Terrace
Fifth Addition.
Hearing on final plat of North Star Subdivision. There was no one present
wishing to be heard. President Postier declared the hearing officially closed. Upon
motion by Ludowese, second by Willmarth, and all voting in favor, a resolution -was
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Record of Official Proceedings of the Common Council
of.. the City of Rochester, Minn., January 18, 1971
adopted accepting and approving the plat to be known and designated as North Star
Subdivision.
Hearing on proposed amendment to Paragraph 47.022 of the Zoning Ordinance,
which reads.as.follows: '
47.022 Tract Coverage: The ground area occupied by all the
buildings of the center shall not exceed in the aggregate
twenty-five (25) percent of the total area of the lot or
tract. Enclosed areas at ground level that are devoted -
to common pedestrian circulation (enclosed malls) shall
be excluded from the aggregate ground level building
coverage area.
There was no one present wishing to be heard. President Postier declared the hearing
officially closed. A motion was made by Strain, second by Larson, that the recommendation
be accepted and the City Attorney was instructed to prepare the necessary ordinance; all
voted in favor.
Hearing on extension of water main in 40th Street N. W. from llth Avenue N. W.
in Sunrise Estates 2nd Subdivision to 366 feet east of the west line of Section 23. There
was no one present wishing to be heard. President Postier declared the hearing officially
closed. A motion was made by Larson, second by Willmarth, to proceed with the project; all
voted in favor.
Hearing on proposed assessment for street grading and surfacing, water main
extension, storm sewer and service connections to I.O.I. Crenlo site (Hendricks' Sub)19th
St. N.W. to C.S.A.H. #4. Upon motion by Strain, second by Willmarth, and all voting in
favor, the hearing was continued until 7:30 P. M. on February 1, 1971.
Hearing on proposed assessment for sanitary s ewer and water main to I.O.I.
site in NJ Section 28, Cascade Township (Part I, Watermain) Job No. 6803 Part I, (watermain).
Upon motion by Strain, second by Willmarth, and all voting in favor, the hearing was
continued until 7:30 P. M. on February 1, 1971.
Glen Gustafson, appeared in behalf of the Junior Chamber of Commerce and requested
permission to park the porta-panel in front of the old Olmsted County Bank Building from
Tuesday to Friday and then move it to Apache Shopping Center for the weekend, there are
various agencies in the City like YMCA, Family Consultation, United Fund, etc. that are
depdndent upon volunteer help and they would like to advertise "Do Something" and try to ger
more volunteers. Upon motion by Larson,' second by Strain, and all voting in favor, the
request was granted.
A letter from Vogel Outdoor Advertising requesting permission to place a Port -
A -Panel unit on the east side of lst Avenue S. W., across from the Kahler parking ramp, from
January 22nd to January 26th, 1971 for the Bear -Fax International Convention. Upon motion by
Willmarth, second by Strain, and all voting in favor, the request was granted.
Upon motion by Larson, second,by Strain, and all voting in favor, the application
for a dance permit to be held in North Hall, Mayo Civic Auditorium and submitted by Alan Fischer
was denied.
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Record of Official Proceedings of the Common > Council
of the City of Rochester, Minn., January 18, 1971
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A deed conveying 11.4 acres of the Hog Farm to the State of Minnesota for armory
purposes was submitted to the State Department of Military Affairs, the deed contained the
condition that if the property were not to be used for armory purposes for a period of 10 years
the same wbuidsrevert to the City of Rochester pursuant to the provisions of Minnesota
Statutes, Section 193.144. Colonel Cheeseman stated that the deed is unacceptable in that
form and that'the only way a new armory will be built at this time in Rochester is if the City
were to donate the land to the State of Minnesota without any conditions attached, in this
case the site is abandoned for armory purposes the City would have to purchase the property
from the State of Minnesota if the City wants it back, Colonel Cheeseman stated that the State''
of Minnesota uses the income from the sale of armory property to finance new armories. A
motion was made by Ludowese, second by Larson, that the City donate the land to the National
Guard and the City Attorney was instructed to prepare the necessary resolution and deed, all
voted in favor.
Upon motion by Willmarth, second by Strain, and all voting in favor, the applications
of Sarge Gulf Station and Libby McNeill & Libby for license to sell cigarettes at retail were
approved and the licenses granted.
Upon motion by Willmarth, second by Ludowese, and all voting in favor, a resolution
appointing election judges and designating polling places for elections in 1971 was adopted.
Recommendation of Public Works Committee that after reviewing proposed assessment
roll for Kellogg Hills Subdivision be revised and costs for storm sewer construction be
distributed as follows: 11/13th to Kellogg Hills (current assessment) and 2/13th to Lots 1
and 2 Northwood 3rd (deferred assessment). Upon motion by Ludowese, second by Willmarth, and
all voting in favor, the recommendation was accepted and two resolutions(1) declaring cost to
be assessed and ordering preparation of revised proposed assessment for -Kellogg Hills and (2)
ordering a hearing on the proposed assessment for Kellogg Hills were adopted.
Upon motion by Willmarth, second by Strain, and all voting in favor, the City
Attorney was instructed to prepare a resolution directing and authorizing the City Administra-
tor to execute and file an application for federal assistance for a standby powerplant,
automatic samplers, laboratory equipment and two trucks for the Sewer Treatment Plant and
directing Loren Leach, Superintendent of the Sewage Treatment Plant to furnish such informatior
as the said Federal Water Quality Administration may reasonably request in connection with the
said application.
Recommendation of Public Works Committee.that the Council initiate a local
project without petition of owners for improvements on 7th Street N.W. from llth/Avenue N.W.
to Valleyhigh Drive N. W. and on Valleyhigh Drive N. W. from 7th Street N. W. to 14th Street
N. W. Upon motion by Strain, second by Willmarth, and all voting in favor, the recommendation
was accepted and a resolution referring the proposed improvement for feasibility report and
recommendation was adopted.
Upon motion by \Ludowese, second by Strain, and all voting in favor, a resolution was
adopted approving and accepting assignment of additional and substituted collateral for the
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Record of Official Proceedings of the' Common Council
of the City of Rochester, Minn., January 18, 1971
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(Northwestern National Bank.
Recommendation of Planning & Zoning Commission that they had reviewed the stream
bank improvement plans as prepared by the Corps of Engineers and also the recommendations of the
Committee on Urban Environment and feel that the general overall suggestions of the Corps of
Engineers and Committee on Urban Environment are desirable and should be*pursued where found
practical and will not interfere with the water carrying capacity of the various channels,
encouraging people to use the stream bank areas will provide them with a whole new experience
and greater enjoyment of the water areas within Rochester. Upon motion by Strain, second by
Willmarth, and all voting in favor, the recommendation was accepted and a copy of the
recommendations of Committee on Urban Environment were to be forwarded to the Corpssof
lEngineers.
A motion was made by Larson, second by McNary, and pp.ssed unanimously, thatthe
semi-monthly bills, list attached, in the amount of $89,346.88 be approved.
A motion was made by Willmarth, second by Strain, that a resolution requesting
the Legislature to enact an annual salary for Rochester Judge of Municipal Court in the sum of
$15,000.00 be adopted. A motion was made by Alderman Larson that the resolution be amended and
the recommended salary be changed to $18,000.00, his motion was lost for want of a second.
President Postier then called for a vote on the original motion and all voting in favor, the
resolution was adopted.
Resolution that the following proposed amendment be submitted to the quIalified
voters of the City of Rochester for their adoption or rejection at the general "Charter Election"
to be held in the City of Rochester on Tuesday March*9, 1971 between the hours of 7:00 o'clock
A.M. and 7:00 6'clock P. M.:
Shall the Charter of the City of Rochester be amended by adding
a section authorizing the Common Council to levy an excise tax
of not to exceed three per cent on the consideration paid for
the furnishing of lodging by hotels, rooming houses, tourist
courts, motels, trailer camps and similar property for lodging
purposes other than the renting or leasing thereof for a
continuous period of 30 days or more.
Upon motion by Strain, second bya Willmarth, and all voting in favor, resolution adopted.
Resolution authorizing and directing Mayor and City Clerk to sign on behalf of
the City of Rochester a Consent of Easement Holder whereby the City of Rochester consents to
the extinguishment of access (part of southerly 30 feet of the SE'k SE'k Section 16-107-14 lying
westerly of T. H. 52 as now located and traveled). Upon motion by Larson, second by Willmarth,
and all voting in favor, resolution adopted.
Resolution.amending the parking resolution as follows:
(1) Section E, Passenger Loading Zones, is amended by.deleting in its
entirety Paragraph (71).
(2) Section I, Parking Meters, 'Zone A, is amended by adding Paragraphs
(13.6) and (17) to read as follows:
(13.6) Second Avenue Southwest on the east side 40 feet more or
less in front of the premises known as Nortlw extern Bell
Telephone Company.
(17) Fourth Street Southwest on the north side of the street 40
feet more or less in front of the premises known as
Northwestern Bell Telephone Company.
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(Upon motion by Willmarth, second by Ludowese, and all voting in favor, resolution adopted.
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Record of Official Proceedings of the Cornrnon' Council
of the City. of Rochester, Minn., January 18, 1971
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Resolution amending parking resolution as follows:
Section B, No Parking Zones, is amended by adding Paragraph (192.5) to read
as follows:
(192.5) Eleventh Avenue Southwest on the east side between Second
Street Southwest and West Center Street at all times.
Upon motion by Strain, second by Willmarth, and all voting in favor, resolution adopted.
Resolution amending parking resolution as follows:
Section E, Passenger Loading Zones, is amended by deleting in its entirety
Paragraph (79) .
Upon motion by Willmarth, second by Larson, and all voting in favor, resolution adopted.
Resolution instituting condemnation for Bemel Property Street Improvements
along west side of Broadway Avenue South between 16th Street S.W. and vacated 17th Street
S.W. including among other things, installation of water main facilities and sidewalks.
Upon motion by Larson, second by Strain, and all voting in favor, resolution adopted.
Resolution teapportioning assessment for construction of water tower and
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trunk line in the Southwest Service Area and grading and surfacing of the Mall Road and
16th Street Southwest in Apache Mall. Upon motion by Larson, second by Strain, and all
voting in favor, resolution adopted.
Resolution donating 11.4 acres of land east of Highway 52 and adjacent to
Longfellow School to Minnesota State Armory Building Commission for construction of an
armory. Upon motion by Larson, second by Ludowese; and all voting in favor, resolution
adopted.
Resolution vacating the public alley in Blocks 103 and 104, lying south of a
line running from the northeast corner of Lot 16, Block 1032 to the northwest corner of
Lot 1, Block 103, Willson's Addition to City of Rochester. -Upon motion by Willmarth,
second by McNary, and all voting in favor, resolution adopted.
Upon motion by Ludowese, second by Willmarth, and all voting in favor, a
resolution adopted by the Public Utility Board granting a leave of absence to Diane
Bengtson from February 1, 1971 to May 31, 1971 was approved and the leave of absence was
granted.
Resolution amending resolution dated July 8, 1970 instituting dondemnation•
of a permanent easement for public street purposes -along 20th Street N. W. from 20th
Avenue N.W. to the west line of Section 27-107-14. Upon motion by Larson, second by
Willmarth, and all voting in favor, resolution adopted.
-Resolution-authorizing City Administrator to execute and file application
with Federal Water Quality Administration, Environmental Protection Agency, United States
of America, for federal assistance grant for a standby power plant, automatic samplers, -
laboratory equipment and two trucks for waste water treatment plant of the City of
Rochester, Minnesota. Upon motion by Strain, second by Ludowese, and all voting in favor,
resolution adopted.
Resolution authorizing Public Utility Board to enter into a non -cancellable
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license agreement for right of way (Cascade Creek Sub Station) the amount of the license ie
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Record of Official Proceedings of the' Common Council
of the City of Rochester, Minn., January 18, 1971
$22,125.00 and authorizing and directing Mayor and City Clerk to execute the said agreement.+
Upon motion by Ludowese, second by Willmarth, and all voting in favor,•resolution adopted:`
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An Ordinance establishing the Department of Building.and Safety; prescribing
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its power and duties; amending the Rochester Code of Ordinances by adding Chapter 69; amending
Section 76.010, 76.020, 81.010, 81.020, 85.040, §5.050, repealing Section 61.010, was given -
its first reading. '
An%Ordinance regulating non -intoxicating malt liquor and providing a penalty for
the violation thereof;:amending Rochester Code of Ordinances, Section 161.120, was,given its
first reading.
An Ordinance rezoning certain property and amending the Zoning Ordinance of .the x
City of Rochester, Minnesota (flood plain and M-1 along Elton Hills West of Highway 63).was :.
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given its second reading. A motion was made by Ludowese, second by Willmarth,,that. the.said-
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ordinance be adopted as read and all voting in favor, President Postier declared the said
ordinance duly passed and adopted.
An Ordinance annexing to the City of Rochester, Minnesota certain_unplatted land
not exceeding two hundred acres in Area, all being Section 7, Township 106.North,, Range,l3 West,
Olmsted County, Minnesota (Doughboy Property) was given its.first reading.. Upon motion by Larson,`":
second by Strain, and upon roll call and all voting in favor, the rules were suspended„and the
ordinance was given its second reading. A motion was then made by Strain,, second by Novak,
that the said ordinance be adopted as read and all voting in favor, President Postier declared
the said ordinance duly passed and adopted.
Upon motion by Larson, second by Ludowese, and all voting in favor, the meeting.,
was adjourned until 7:30 P. M. on January 19, 1971.
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Clerk
INFORMATION
1. Minutes of Standing Committees - 1-14-71
2. Municipal Court Financial Report - December, 1970
3. Letter from M.H.D. re special zoning on 7th Street N.E. and 15th St. N.E.
4. Letter from Gloria De Lutheran Church re gift of $750.00. This is the second year that
Gloria Dei has made such a payment. A letter of appreciation is being prepared
under the Mayor's signature.
5. Report on.construction costs and assessments for portions of Golden Hill, Knollwood
Acres and other subidivisions petitioned for annexation on 9-3-70 by James E.
Juhl and others. An official copy has been filed in the City Clerk's office.
6. Referred to Planning and Zoning:
a. application for a variance at 1008-1012 2nd Street S. W. (Norman Hilleren)
b. petition for zoning district change (land between 16th St. S.W., T:H. 52 and
County Road 8) George Baihly
c. petition to vacate Blocks 1 & 2 in Apache Mall Shopping Center Sub. (Apache Realty)
d. application to amend City Land Use Plan - Lands Sec. 3-106-14 4.25 acres (C.G.Suk)
7. Letter from T. F. Zack re property taxes at 1604 - llth Ave. N.W. An answer to his
letter is being prepared.
8. Letter from George Holter re additional bus stop space in front of St. Mary's Hospital,
bus stops on 2nd Street S.W., and reduced fares for senior citizens (referred to
Public Safety Committee and Traffic Engineer)
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