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HomeMy WebLinkAbout05-17-1971Record of. Official Proceedings of the Common Council . of the City .of Rochester, Minn., May 17 ", 1971 Minutes of an adjourned regular meeting of the Common Council of the City of Rochester, Minnesota, held in the Council Chambers.rtin the City Hall; in said City, on May 17,- 1971. President Postier- called the meeting to order at 7:30 o'clock P. M., the following members being present: -President Postier, Aldermen Kamper, Larson, Mayer, McNary, Strain, Willmarth. Absent: None. Upon motion by Larson, second by Mayer, and all voting in favor, the minutes of the meeting of May 3, 1971 were approved. Continued hearing on Sidewalk Project # 1-1971. Mr. Robert Nordstrom of 3412 - 22nd Avenue N.W. .was present and said he had nothing further to say than was said at the last hearing but wanted to remind the Council that a petition had been signed by 60 of the i i 69 property owners opposing this project.and felt.the petition speaks for itself. There.was no one else present wishing to be heard.. President Postier declared the hearing officially i, closed. A motion was made by Strain, second by Willmarth, to.proceed with the.project and li all voting in favor thereof except Kamper who voted "nay" and Larson who "abstained", .President Postier declared themotion lost (a council initiated project required 6/7 vote). A motion was then made by Willmarth, second by Strain, that the.Council initiate . a sidewalk project on 33rd Street N. W. from 18th Avenue.N. W. to 22nd Avenue N. W. and that two resolution be.adopted (a) resolution referring the improvement for determination of adequacy and (b) resolutionreceiving preliminary report and ordering a public hearing on the project; all voted in favor. Continued hearing on Sidewalk Project #7-1971. Mr. A. M. Ackerman of 1509 - 5th Avenue N. W. was present and spoke in opposition to the sidewalk. There was no one else T'present wishing to be heard. President Postier declared the.hearing officially closed. A i motion was made by Larson, second by Mayer, that.this project be abandoned; all votedin favor. Hearing on petition to change the zoning districting on Lots 15 and 16 Allendale Subdivision from the R-1 District to the B-3 District (27Z2 North Highway 52). The recommend- i! ation of the Planning & Zoning Commission was to deny. Mr. Joe Dingle, Attorney, was present j in behalf of the petition Mrs. Edna Harden and urged that the zone change be granted, he said !! this property was very difficult to sell as residential and she now had a potential buyer if i i the property were rezoned. Mr. Harold Brevig, owner of the property to the north, also urged i that the zone change be granted. Mr. Dana Eisenman, owner of the property to the south, said he was not opposed to the zone change and if the reason for not granting the change was because �I l; I it was spot.zoning, he would like to have his land included in the zone change and that I should take care of any question as to,spot zoning. There was no one else present_wishing,to i be heard. President Postier declared the hearing officially, closed. A motion was.made by ! i Willmarth, second by Strain, that the zone change be denied; all voted in favor. Hearing.on the Sanitary Sewer and Watermains to the R. E. A. Site. Mr. Erwin 1i �j Westendorf and Mr. Donald Brandt, representing phe R. E. A. were present and urged that the I � h L 0 C • F�', 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., May 17, 1971 93� 1 1 9 projectbe completed; they have buildings under.construction that -will be completed by September lst.and they hoped this could be completed by then. Mr. David Swanson of 404 - 36th Avenue S. E. was present -and inquired what effect this would have on Sunnydale; C. A. Armstrong, j City.Engineer, told him that this project would have no immediate effect upon Sunnydale and there -would not be any assessments at this time, however, this trunk line will make it possible to extend sewer into the South one half of Sunnydale and that there will be a deferred assessment against the whole drainage -basin out there and they will be assessed if and when i they are annexed. 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, proceed with -the project; all voted -in favor. Hearing on petition to vary the requirements in the R-1 District to allow a to I� rental unit at 713-10th Street S. W. The recommendation of the Planning & Zoning dommission 1 was to grant the variance. Mrs. Vivian Ibach, the petitioner, was present.and requested that the var.iance•be granted, she said financially it was necessary that she be able.to rent a room. There -was no one else present wishing to be heard. President Postier declared the hearing officially closed. A.motion was made by Mayer, second by Kamper, that the variance be granted. Mr. Tom Moore., Planning Director, explained that the Planning Commission had recommended that the Zoning Ordinance be amended to permit a limited number of roomers in the R-1 District and this would be coming before the Council for a hearing on June 7th. President Postier then.called for a vote on the motion and all voting "nay", except Alderman Mayer who voted "aye", the motion was declared lost and the variance denied. Hearing on application to vary the size of the pole for a ground sign from one square foot to a diameter of two square feet to be located at 37th Street N. W. and Highway 52 (Mobil Oil). The recommendation of the Planning and Zoning Commission was that they be granted approval. Mr. Bill Temple, representative of Mobil Oil Company from the Twln Cities,, was present and said the variance they were requesting was just in regard to the sizel of the pole, more or less for safety reasons; due to the situation of the pole at the top of .I Highway 52 and with the restrictions they have done some tests and it would require a larger pole.than was called for; it is set about 200 ft back from the intersection and it is no i! obstruction for any reason. There was no one eke present wishing to be heard. President Postier declared -the hearing officially closed. A motion was made by Kamper, second -by Straii';, i that the variance be granted; all voted in favor. li Hearing on tie application to vary -the two foot height requirement on a sign fl 1, to be located at 417 6th Street S. W. Thr recommendation of the Planning & Zoning Commission 11 was that it be granted. -Mr. Robert Patterson, Attorney for the petitioner Mr. Rodney Young, I� was present and said -their sign was the required 24 square feet but it was not 2' x 12' but was 4' x 6', the sign will be placed on the east side of the office building on 6th Street, i' it will face the alley and will be visible only by traffic going west on 6th Street S.W.,-it will not protrude onto 6th Street and will be attached to the building. There was no one else! present wishing to be heard. President-Postier declared the -hearing officially blosed. & �! • 11'A F94 Record of Official Proceedings of the Common Council of. the City of Rochester, Minn., May- 17, 1971 motion was made by Strain, second_by Larson, that the variance be granted and the City Attorney was instructed to prepare the necessary resolution; all voted in favor. Hearing on appeal to modify off-street parking requrirements as they apply to the property at 621 First Street S. W. The recommendation of the Planning and Zoning Commission stated that after consideration it was found that the applicant's rentals have been such as to indicate that there is no need for one off-street parking space for each dwelling unit at the present time and recommend that it be granted.subject to the owner submitting arental policy stating that.he would rent no more than 18 dwelling units to people with automobiles and 5 dwelling units to people without automobiles.. There was no one present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by McNary, second by Mayer, that the request be granted and the City Attorney be.instructed to prepare the necessary resolution. Hearing on application to amend the Land Use.Plan in the area from VaIleyhigh Drive N. W. to the Chicago Great Western.Railroad North.of 15th Street N.W. anddesignatethis area as being suited for industrial and high density residential.use. A petition with 31 signatures opposing this change was received and placed on.file. Mr. Kenneth Thamert of 1042 Valleyhigh Drive, Mr. Ted Clikbeman of 2038 - 16� Street N. W., Mr. Rodney Johnson, of 2327 - 26th Street N. W., Mr. George Dewey of 1771 - 25th Avenue N. W. and Mrs. Wayne Herivel of 1759 - 25th Avenue N. W.. were each heard in opposition. A motion was made by Strain, second by Willmarth, that the hearing be continued until 7:30 o'clock P. M. on June 7, 1971; all voted in favor. A Letter from the petitioner requesting that this be considered at a later.date was_also received and filed. Hearing on application to amend the City's land use.plan to designate the Rocky Creek Area as being best.suited for medium density residential use. Mr. Robert Toddie of Sankstone Engineers was present and urged that the change be approved. 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 amendment be approved and the City Attorney be instructed to prepare the necessary resolution; all voted in favor. It was noted that there was a bill due the City by Par Ex Homes for services for engineering that had been outstanding since 1969. A motion.was made by Larson, second by Strain, to reconsider the above motion and all voted in favor. A motion was made by Larson that this be tabled., his motion was lost for want of a second. A motion was then made by Willmarth, second by McNary, that the amendment to the Land Use Plan be approved subject to Par -Ex, Inc. paying the outstanding bill due the City and the City Attorney prepare the necessary resolution; all voted in favor$ except Alderman Larson who voted "nay". Hearing on final plat of Green Meadows First Subdivision.:..There was no one present (wishing to be.heard. President Postier declared the hearing officially closed. Upon motion by Larson, second by Strain, and all voting in favor, a resolution was adopted approving the said plat. Hearing.on the application to vary the requirements on a -sign to be located at the 1 0 1 intersection of 16th Avenue N. W. and 5th Street N. W. XHoward Johnson's). Mr. Robert Livett I* 95 Record of Official Proceedings of the Common Council of the ,City. of Rochester, Minn., May 1,7, 1971 1 :1 1 1 40 � a was present and said they had .'problem of people not being able to see their sign and requested that the Council approve their application. There was no one else present wishing to be heard. President Postier declared the hearing officially closed. A motion was made byl Willmarth, second by Kamper, that the application be.denied; all voted in favor. Mayor's appointment of Mrs. Leroy Lundquist of 1512 Third Street N. E. as a member of the Rochester Committee on Urban Environment, replace Mr. James Powers who has resigned and the term of office to expire September 1, 1972. Upon motion by Strain, second by Willmarth, and all voting in favor, the appointment was approved. Upon motion by Willmarth, second by Larson, and all voting in favor a resolu- tion was adopted referring a petition for construction of sidewalk on the north side of 38th Street N. W. from 18th Avenue to 19th Avenue N. W. to the City Engineer and Public Works Committee for feasibility report and recommendation. Letter from the Olmsted County Health Department in regard to the sewer at thej Rochester Municipal Airport was presented and ordered placed on file. Application of Helen's Look Nook for a license to sell cigarettes and application of Gold Cross Ambulance for transfer to a 1971 Oldsmobile. Upon motion by Willmarth, second by Mayer, and all voting in favor, the license and transfer were granted. Request of George Tillotson for a permit to move a garage from 224 16th Avenue) S. W. to.30 loth Street N. W. Upon motion by Strain, second by Willmarth, and all voting in favor, the permit was granted. Recommendation of Engineer's Department that petition for sewer and watermain in Maple Lane Subdivision (6th Ave. S.W. running north from 16th Street S.W.) is feasible and recommend construction; estimated cost is $21,730 and Maple Lane Subdivision is also subject to a deferred assessment of $650 per acre for Apache Water Tower and $300.00 per acre for sanitary sewer line to the Bible College. Upon motion by Larson, second by Wililmarth, and all voting in favor, a resolution was adoptedreceiving the preliminary report and ordering a hearing and directing preparation of plans and specifications for sewer and watermain in Maple Lane Subdivision. Recommendation of Public Works Committee that a local improvement project be initiated for concrete sidewalk on the south side of 37th St. N.W. from 19th Avenue N.W. to 21st Avenue N. W. Estimated cost of the project is $1,996.80. Upon motion by Willmarth, second by Kamper, and all voting in favor, the recommendation was accepted and two resoluti (1) referring proposed improvement for feasibility report and recommendation and (2) receiv preliminary report and ordering a public hearing on the project were adopted. Recommendation of Public Works Committee that a local improvement project be initiated for concrete sidewalk on the north side of 33rd Street N. W. from 19th Avenue N.W. to 22nd Avenue N. W. Estimated cost of the project is $4,217.00. Upon motion by Willmarth,l second by Kamper, and all voting in.favor, the recommendation was accepted and two resolutionzI (1) referring proposed improvement for feasibility report and recommendation and (2) receiving 11 preliminary report and ordering a public hearing on the project were adopted. Record of Official Proceedings of the Common Council • of the City of Rochester, Minn., May 17. 1971 Preliminary plans for proposed improvements on South Broadway from Junction T.H. 14 to the South Broadway Bridge. Upon motion -by Willmarth, second by Mayer, and all voting in. favor, the plans'were•approved with the exception that a right hand turn lane should be provided for north bound trucks entering the A.M.P.I. creamery (Rochester Dairy) and the City Attorney was instrudted to prepare a resolution approving the said plans. Upon motion by Willmarth, second by Strain, and all voting in favor, a resolution was adopted for each of the following projects approving plans and specifications and ordering bids. (a) New Sidewalk Project # 2-1971 (b) New Sidewalk Project # 3-1971 (b) New Sidewalk Project #4-1971 (d) New Sidewalk Project #5-1971 (e) New Sidewalk Project`0,6-1971 (f) New Sidewalk Project # 8-1971 (g) New Sidewalk Project # 9-1971-and (h) New Sidewalk Project #10-1971. Petition for sewer and•water extension across T. H. 52 at Eastwood Road Southeast. This requested construction can be'included as a part of the previously proposed project titled "Sanitary sewer trunkline with extension and watermain fromthe south line of Lot 35 in Auditors Plat A to DeWitts Subdivision and Parkside Trailer Village", thelenefitted lands were included in the notice of hearing held on April 7, 1971; the City Engineer recommends that this highway crossing be included in the above project at an estimated cost of $14,370 additional. Upon motion by Willmarth, second by Strain, and all voting in favor, the recommendation of the City Engineer was approved and the extension included in the original project. A motion was made by Larson, second by Mayer, instructing the City Attorney -to prepare an ordinance amending the Liquor License which would allow the sale of liquor on Memorial Day and on Election Day; all voted in favor. Upon motion by Willmarth, second by Mayer, -and all voting in favor, the City - Attorney was instructed to prepare a resolution establishing a 12-minute metered parking zone at the following locations: (1) South Broadway on the -west side of the street for 20 feet more or less beginning at a point 60 feet more or less north of Fourth Street Southwest (2) Fourth Street Southeast on the north side of the street 20 feet more or less immediately east of South Broadway-(3) Fourth Street Southwest on the north side of the street 20 feet more or less immediately west of South Broadway (4) Fourth Street Southwest on the* south side of the street 100 feet more or less immediately east of First Avenue -West and (5) Fourth Street Southeast on the south side of the street•20•feet more or less immediately east of South Broadway. Tabulation of bids for one year's supply of liquid chlorine for•the Sewage Treatment Plant. Four bids were received, -North Centrral Chemicals, Hawkins Chemical, Lyon Chemicals and Jones Chemicals each in the amount of $8.25 per cwt. Upon motion by Larson, second by Willmarth,.and all voting in favor, the bids were rejected and the City Clerk was instructed to readvertise for bids. • Upon motion by Willmarth, second by McNary, and all,voting in favor, a resolution was adopted advertising for bids for providing Fire, Inland Marine; Fidelity and Money and Securities Insurance, bids to be opened on July 16, 1971. Recommendation of.Planning and Zoning Commission that the preliminary plat of I- I �7 N Rocky Creek Second Subdivision be granted approval, subject to the items listed.- Upoh motion by Record of Official Proceedings of the 'Comrri.on Council of the City of. Rochester, Minn., May 17, 1971 , e' • 1 7 1 U Strain, second by Mayer, this was referred back to the Planning Department for further clarification as to the right-of-way, easements, etc.; all voted in favor. A motion was made by Larson, second by McNary, and passed unanimously, that the semi-monthly bills, list attached, in the amount of $172,826.89 be approved. Recommendation of Planning and Zoning Commission that the landscaping plan submitted for Apache Mall Shopping Center beapproved. The amount of landscaping is gufficiei to improve the total appearance of the center and make it more pleasing in appearance, it should be noted that the planting areas proposed are in the public street right-of-way in al] locations except on the north entrance area and these locatioris should be cleared with the Minnesota Highway Department and the Rochester Paik Department. Upon motion by McNary, second by Larson, and all voting in favor, the general landscaping idea was accepted, and the petitioners obtain the necessary permits from the Park Department and the Minnesota Highway Department.. Upon motion by Willmarth, second by McNary, and all voting in favor, the request of Olmsted County Memorial Association for a parade permit to be held on Memorial Day at 10:00 A. M. was approved. Upon motion by Strain, second by Kamper, and all voting in favor, the request of Rochester Peace Center for a parade on Memorial Day at 1:00 P. M. was approved. An Ordinance rezoning certain property amending the Zoning Ordinance of the City of Rochester, Minnesota and repealing Ordinance No. 1579 (correcting description of land situated in Lands Sec. 26-107-14 to be changed to M-1 Light Manufacturing District and F-Flood Plain District) was given its first reading. A motion was made by Larson, second by Strain, that the rules be suspended and the ordinance be given its second reading, upon roll call Kamper voted "nay". Resolution ordering a hearing on vacating the cul-de-sac situated south of the south right-of-way line of 20th Street N. E. in Kellogg Hills Subdivision - 5th Avenue N.E. Upon motion by Larson, second by Strain, and all voting in favor, resolution adopted. Resolution ordering a hearing on vacating a portion of 3rd Avenue N. W. from the south line of Zumbro Drive to a point approximately 126 feet north of 26th Street N.W. Upon motion by Larson, second.by Mayer, and all voting in favor, resolution adopted. Resolution recommending to the Minnesota Commissioner of Highways that the intersection of T. H. No. 52 and C.S.A.H. No. 1 be constructed as planned to provide for a full interchange of traffic in.order to provide for accessibility to the area with the least inconvenience and hazard to the general public. Upon motion by Willmarth, second by Larson, and all voting in favor, resolution adopted. Resolution approving resolution adopted by the Public Utility Board and authorizing Pfeifer and Shultz, Engineers to proceed with Phase II of the power survey in accordance with the agreement. Upon motion by Willmarth, second by Larson, and all voting in favor, resolution adopted. 9 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., May 17,, 1971 Resolution authorizing Mayor and City Clerk to sign proposal for engineering services for watermain and sanitary sewer construction in the Minnesota Bible College Addition. Upon motion by Willmarth, second by Strain, and all voting in favor, resolution adopted. Resolution authorizing Mayor and City Clerk to sign City -County Street Improvement Contract for Valleyhigh Drive and C.S.A.H. No. 33 to Seventh Street N. W. Upon motion by Willmarth, second by Larson, and all voting in favor, resolution adopted. Resolution amending the Parking resolution as follows: Section D, Truck Loading Zones, is hereby amended by adding a new Paragraph (6.1) to read as follows: "(6.1) East Center Street on the South side of the street for 20 feet more or less in front of the premises 'known as 108 East Center Street. Upon motion by Larson, second by Mayer, and all voting in favor, resolution adopted. Resolution that the City of Rochester joins with the Upper Zumbro Soil and Water Conservation District in endorsing a proposal to establish a Southeastern Minnesota Resource Conservation and Development Project along with such other local agencies in Southeastern Minnesota as may desire to participate in such a project. Upon motion by Kamper, second by McNary, and all voting in favor, resolution adopted. ' Resolution ordering improvement on petition requesting construction of sidewalks 'adjacent Lots '6,*8 and 9, Block 1; Elton Hills East Fourth Subdivision along south side of 28th Street N. W. adding to new sidewalk -Project No. 5-1971. Upon motion by Larson, second by Willmarth, and all voting in favor, resolution adopted. Resolution approving plans for Improving T. H. # 63 within the City. Upon motion by Willmarth, second by Strain, and all'voting in favor, resolution adopted. Resolution requesting 1971 session of Minnesota Legislature to adopt H.F. 2035 (S.F. 1873) for the creation of joint sewer districts in the County of Olmsted. Upon motion by Larson, second by Kamper, and all voting in favor, resolution adopted. An Ordinance relating to standpipes and amending Section 3805 of the Rochester Building Code as eneacted by Ordinance No. 1455, was given its second reading. A motion was made by Willmarth, second by Mayer, that the said ordinance be adopted as read and all voting iri favor, President Postier declared the said ordinance duly passed and adopted. An Ordinance to rezone property on North Broadway between Third Avenue and 23rd Street N. E. from the R-1 District to the B-lb District, was given its second reading. A motion was made by Willmarth, second by Mayer, that the said ordinance be'adopted as read and all voting in favor, President Postier declared the said ordinance duly passed and adopted. An Ordinance relating to the dale of intoxicating liquor and prohibiting the sale thereof on certain days, amending Rochester Code of Ordinances Section 160.180 and 161.090 (allowing sale on Memorial Day and Election Day) 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 Larson, that the said ordinance be adopted as read and all voting in favor, President Postier declared the said ordinance duly passed end adopted. 0 0 l • 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., May 17, 1971 Upon motion by Strain, second by Willmarth, a 5 minute recess was declared, all voted in favor. The meeting -was called to order again at 9:30 P. M. with all members being present. . President Postier stated that he had notified businesses located on or within one- half block of 1st Street S.E.-S.W. that a discussion would be held -in the Council Chambers on May 17, 1971 in regards to the removal of parking on 1st Street and anyone wishing to be heard could speak at this time. Three letters (1) from Mrs. C. Mergens of Spencer Figure Fashions located in the 100 First Avenue Building (2) Dr. Joseph Larson and Dr. Joseph Larson, dentists located in the 100 First Avenue Building and (3)Clair Siegel, D.D.S. located in the 100 First Avenue Building, were each read and ordered filed, these letters were opposed to taking parking off of First Street. Mrs. A. J. Osman of 1430 West Center, owner of the Expect -An -Aire Shop located in the 100 First Avenue Building; Mr. Robert Hurrle, owner of the Shoe Store in Stevenson's, Inc.; Mrs. Robert Fick of 2502 19th Avenue N.W., manager of the Bookstore of Lucy Wilder; Mr. Charles Pappas of 835 8th Avenue S.-W., one of the owners o Michael's Restaurant; Mr. Richard-Hargesheimer of 417 27th Street N. E., owner of Eagle Drug Store; Mr. Phil Sternberg of 1405 8th Avenue N.E., owner of Gifts and Gadgets in the Kahler Arcade; Mr. Lloyd Welty of 914 9k Street S. E., manager of Stevenson's, Inc.; Mr. Roy Watson of 620 Memorial Parkway, General Manager of The Kahler Corporation; Mr. Joseph Kremer of 1117 - 3rd St. S.E.,.Manager of Yellow Cab Corp.; Mr. Carl F. Peterson of 1620 22nd St. N.W., owner and manager of Blue & White Cabs; Mr. Darryl Lee of 801 15th Street N. W., Executive Secretary of the Chamber of Commerce; and Mr. -Charles Pine of 705 Memorial Parkway, owner of VIP Shop located in the 100 First Aenue Building, were each heard. No action was taken. Upon motion by Larson, second by Kamper, and all voting in favor, the recommendati of the Planning & Zoning Commission regarding the change of zoning of the Pervin property from R-1 to R-3 District was tabled. Upon motion by Willmarth, second by McNary, and all voting in favor, the meeting was adjourned until 7:30 o'.clock P. M. on May 24, INFORMATION. 1971. :6" CitU Clerk 1. Minutes of Standing Committees 5-10-71 2. Letter from Mrs. Gary Korpela of 2641 12th Ave. N.W. re removal of stop sign on 12th Avenue-N. W. at Cascade Street (referred to Traffic Engineer) 3. Municipal -Court Financil Report for April, 1971 4. The hearing by the MMC on_the proposed annexation to the Airport has-been rescheduled for June 30, 1971 at 10:00 A.M. in the Olmsted County Court House. 5. Referred to Planning & Zoning: (a) petition.to rezone a portion.of the Baihly property at the intersection of County Road 8.and Salem Road S.W. (LAD Corp. - G. A. Baihly) (b) Application for approval of Community Development Project on property at the . intersection of County Road 8.ard Salem .Road S.W. (IAD Corp. - G. A. Baihly)