HomeMy WebLinkAbout06-07-1971104
Record of Official Proceedings of the Common Council
of the City -of. Rochester, Minn., June 7, 1971-
Minutes of a 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 June 7,. 1971
Upon motion by Strain, second by Willmarth, and all present voting in favor,
,Alderman Robert Larson was appointed as President pro.tem.
President Pro Tem Larson called the meeting to order.at.2:00 o'clock P. M., the
following members being present: Larson, Kamper, Mayer, McNary, Strain, Willmarth. President
Postier arrived at 2:15 P. M.
Upon motion by Kamper, second by Strain, and all present voting in favor, the
minutes of the meetings of May 17th and May 24th, 1971 were approved.
President Postier arrived at 2:15 P. M.
The following letter from the Fire Civil Service Commission.was read:
"The Fire Commission has received a retirementresignation from Captain Carroll B.
Kettlekamp after nearly 30 years of service in the Rochester Fire Department. He
�Jt,has requested that this be effective July 1, 1971. The Commission has unanimously
voted to accept it. We, therefore, request that the City Council also accept his
resignation at this time.
Motor Operator W. Dexter Roeder sustained a severe injury in an accidental fall at
his home in late April of this year. .He has recently been discharged from St.
Marys Hospital following neurosurgery. His available vacation and sick leave
benefits will expire effective July 7, 1971, and the neurosurgeon in charge of
his case has advised the Commission that he will not be able to report for work
at that time nor will they give any definite date in the future. Therefore, on
recommendation of the Fire Chief the Commission has decided to place Mr. Roeder
on a disability retirement effective July 7, 1971. With these two retirements
the following personnel changes will be necessary.
For the position of Fire Captain to replace Mr. Kettlekamp, the following three
names stand highest on the eligibility roster, and we respectfully request that
you appoint one from this list: 1. Roger D. Remington 2. Richard Monson
3. Donald Leonard. This promotion is to be effective July 1, 1971.
If the name standing highest on the Fire Captain's roster is appointed by you, a
vacancy as Alarm Superintendent will then exist. We, therefore, respectfully
request that you appoint one from the following men standing highest on this
roster: 1. Leslie Richardt 2. William Haas 3. Merle Steward. This
promotion is to be effective July 1, 1971.
If the name standing highest on the Alarm Superifitendent's roster is appointed
by you, a vacancy as Assistant Alarm Superintendent will then exist. We,
therefore, respectfully request that you appoint one from the following men
standing highest onthis roster: 1. William Haas 2. John Loftus. 3. Merle
Steward. This promotion is to be effective July 1, 1971.
For the position of Motor Operator vacated by Mr. Roeder's retirement the
following three names stand highest on the eligibility roster; and we respect=
fully request that you appoint one from this list: 1. Thomas Beagle 2. Kermit
Vormann 3. Kenneth Chase. This .promotion to be effective July 7, 1971.
With these two retirements two vacancies will then exist as Firefighters in the
Rochester Fire Department. We, therefore, respectfully request that you appoint
two from the following men standing highest on the entrance eligibility roster:
1. Richard M. Bennett 2. Gerald T. Loftus 3. Gary J. Smith 4.. Richard
L. Streiff 5. John D. Bass 6. Alvin A. Mrachek. The first Firefighter
appointment is to be effective July 1, 1971 and the second Firefighter appointment
is to be effective July 7, 1971."
Paul G. Belau, M. D. was present and requested that the matter of e(�placing Roeder on the
disability list, the appointment of a Motor Operator to replace him and the appointment of the
second firefighter be tabled until the next meeting as they had some legal questions to be
answered on this. A motion was made by Strain, second by McNary, and passed unanimously, that
the resignation of Captain Carroll B. Kettlekaap be accepted.
A motion was made by Larson, second by Kamper, and passed unanimously, that
Roger Remington be appointed as Fire Captain to replace Mr. Kettlekamp.
A motion was made by Willmarth, second by Strain, and passed unanimously, that
Leslie Richardt be appointed as Alarm Superintendent.
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Record of Official Proceedings of the -Common Council 105 ,
of the City of Rochester, Minn., June 7, 1971
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A motion was made by Willmarth, second by Kamper, and passed unanimously, that
William Haas be appointed as Assistant Alarm Superintendent.
A motion was made by Willmarth, second by Mayer, and passed unanimously, that
Richard M. Bennett be appointed as a firefighter.
A motion was made by Larson, second by Mayer, and passed unanimously, that the
matter of disability retirement for W. Dexter Rodder, the appointment of a Motor Operator
and the appointment of a second firefighter be tabled until June 21, 1971.
Upon motion by Willmarth, second by'Kamper, and all voting in favor, a resolut
was adopted referring the petition for construction of a sidewalk on the east side of 37th
Avenue N. W. from 1st Street to 2nd Street N. W. to the City Engineer and Public Works
Committee for feasibility report and recommendation.
Alderman Larson presented his"plan for the formation of "ROCHESTER FIRST"
Committee. His plan showed the committee to consist of 7 members, each member of the Council
would name one person to serve on the committee and there would be representatives from the
following - Central Area Improvement Assn., Industrial Opportunities, Inc., Chamber of
Commerce, Central Labor Unions, Downtown Council, Shopping Centers, Home Builder's Assn.,
Realtors, Contractor's Assn., Library Board and Olmsted County Historical Society. He said
he wanted to add a couple since his originalplan and they were the League of Women Voters
and Business and Professional Women's Group. A motion was made by Larson, second by Kamper,
that the establishment of "Rochester First" Committee be approved and the City Attorney be
instructed to prepare a resolution establishing the said committee; all voted in favor.
Upon motion by Kamper, second by Larson, and all voting in favor, permits were
granted to Lysne Construction Company to move two one-story houses from 1111 and 1113 North
Broadway to outside the city limits.
Upon motion by Strain, second by McNary, and all voting in favor, a parade permit
was approved for the Annual Children's Fourth of July Parade.
Upon motion by Kamper, second by Mayer, and all voting in favor, the transfer of
the "on sale" liquor license from Floren Erdman dba Hollywood Bar to Belle Lynn, Inc.
(Maurice Fricke) dba as Hollywood Bar was approved.
Upon motion by Kamper, second by Mayer, and all voting in favor, the following
licenses were approved: license to erect and maintain signs of Weis Builders, Inc.; license
to sell cigarettes of Sandwich Harbor, Colonial Park, Ernie's Northgate Restaurant and
Rochester State Hospital; and ambulance license -for a 1963 international for .Gold Cross
Ambulance. `
License bonds of Hollywood Bar in the amount of $3,000.00 with Western Casualty
& Surety Corporation as surety and Weis Builders, Inc. in the amount of $1,000.00 with
Wisconsin Surety Corp. as surety, were approved and the surety thereon accepted.
Upon motion by Larson, second by Mayer, and all voting in favor, the City
Attorney was instructed to prepare a resolution authorizing and directing the Mayor and City
Clerk to sign a license agreement between the City and Chicago and Northwestern Railroad
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Record. of Official Proceedings of the Common Council
of. the City of Rochester, Minn., -June 7, 1971
for installation of two storm sewer outlets under the railroad tracks on the south side of 7th
Street N. W. just west of T. H. 52.
Upon motion by Willmarth, second by Strain, and all voting in favor
resolutions were adopted for each of the following projects (a) -resolution determining
adequacy of improvement petition, receiving preliminary report and ordering a public hearing:
1. Construction of sidewalk on the north side of 15th Street N. W. from
Valleyhigh Drive N. W. west to city limits (Job 5808-15S-71)
2. Construct sidewalk on both sides of 26th-Street N. W. from 14th
Avenue to 15th Avenue N. W. Job 6110-26S-71)
3. Construction,of sidewalk on north side of 38th Street-N. W. from
18th to 19th Avenue N. W. (Job 5903-38S-71)
4. Construction of sidewalk on south side of 29th Street N-.W. from 12th
to 15th Avenue N. W. (Job6009-29S-71)
Upon motion by Willmarth, second by Strain, and all voting in favor, two
resolutions were adopted on (a) resolution referring proposed improvement for feasibility
report and recommendation and (b) resolution ordering a public hearing and directing preparation
of plans and specifications for concrete sidewalk on the east side of 37th Street N. W. from
1st Street to 2nd Street N. W. and on the north side of 1st Street N. W. from 36th to 37th Avenue
N. W: and on the south side of 2nd Street N. W. from sidewalk inplace'West of 36th Avenue to
37th Avenue N. W.
Recommendation of Traffic Engineer that parking meters be removed on 6th Street
Southwest on the north side of the street between South Broadway and First Avenue Southwest at
all times and on the south side of the street from South Broadway to a point 250 feet more or
less west of South Broadway at all times. Upon motion by Willmarth, second by Strain, and all
voting in favor, the recommendation was accepted and the City Attorney was instructed to prepare
the necessary resolution.
Upon motion by Kamper, second by Mayer, and all voting in favor, the City Clerk
was instructed to publish two notices of opportunity for a public hearing for the 3rd Avenue
and 9th Street S. E. Project.
Recommendation of Public Works Committee that the Council initiate a local
improvement project for "sanitary sewer and watermain from T.H. 52 S.W. to Green Meadows First
Subdivision". Upon motion by Larson, second by Strain, and all voting in favor, the
recommendation was approved and a resolution was adopted referring the proposed improvement
to the City Engineer and Public Works Committee for feasibility reporat and recommendation.
Bids for furnishing liquid chlorine for Sewage Treatment Plant. After receiving
4 tie bids at 8.25 per cwt, bids were readvertised and received - Jones Chemical increased
their bid to 8.50, North Central did not bid and Lyon Chemical Company and Hawkins Chemical
Company tied at 8.25 per cut. The bid of Hawkins Chemical Company did not include a check
for the Full 10% of the bid as required. The City Attorney recommended that the bid of Hawkins
Chemicals be rejected in as much as the adequate 10% was not received. Upon motion by McNary,
second by Willmarth, and all voting in favor, the bid of'Lyons Chemicals in the amount of
$8.25 per cwt was accepted.
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Record of Official Proceedings of the" Common Council
is of the City of Rochester, Minn., June 7, 1971
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Tabulation of bids
received for
construction of New
Sidewalk Projects
1971.
E. J. Vonch
Doyle
Phil Ryan
Concrete Co.
Conner Co.
Concrete.Co.
Ed Mahoney
Sidewalk Project #2-1971
Alternate' _''A': (51411)
14,301.48
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15,391.00
20,162.7
Alternate "B"(5'4" & 41)
15,266.88
14,860.70
20,142.93'
Sidewalk Project #3-1971 (5'14")
2,825.30
*
2,973.00
3,242.20
3,966.10
Sidewalk Project #4-1971
Alternate "A" (5' 4")
14,464.00
*
15,437.00
Alternate "B" (5'4" & 41)
15,524.00
.14,805.70
Sidewalk Project #5-1971
Alternate."A" (5'4")
8,476.20
*
9,062.50
12,110.49,
Alternate "B" (5'4" & 4')
8,719.16
8,658.70
11,753.72
Sidewalk Project #6-1971 (5'4")
4,282.89
*
4,605.50
4,936.30
6,160.63
Sidewalk Project #8-1971 (5'4")
2,241.56
*
2,404.50
2,632.30
3,224.05
Sidewalk Project #9-1971 (5'4")
8,312.40
Sidewalk Project #10-1971
Alternate "A" (5'4")
10,438.68
*
11,136.00
11,916.60
Alternate "B" (5'4" & 4')
11,120.86
10,803.40
11,927.60
Upon motion by Willmarth, second by Larson, and all voting in favor, the bids of E. J. Vonch
Concrete Company for Projects 2, 3, 4, 5, 6, 8 and 10 and the bid of Doyle Conner Company for
project 9 were accepted and the City Clerk was instructed to prepare the contracts.
Upon motion by Larson, second by Kamper, and all voting in favor, a resolution
was adopted instructing the City Clerk to advertise for bids for furnishing automatic sewage
samplers for the Sewage Treatment Plant.
Upon motion by Willmarth, second by Strain, and all voting in favor, two
resolutions were adopted approving plans and specifications and ordering bids for (1) sanitary
sewer and watermain extension to Bible College and (2) sanitary sewer and watermain to R.E.A.
site. •
Recommendation of City Planning and Zoning Commission that provisions be made f
a frontage road along the west side of U. S. 52 (proposed Marion Road S. E.) abutting proposed
Gateway. C.A. Armstrong, City Engineer, said he did not see the City purchasing land for a
frontage road here, there were•alrea:dy so many driveways here and he did not feel it was
necessary at this time. Upon motion by McNary, second by Kamper, and all voting in favor, the
matter was referred to the Public Works Committee.
Recommendation of City Planning and Zoning Commission that the preliminary plat
of Fullerton's First Subdivision be granted approval with the condition that the right-of-way
for the extension of 6th Street S. E. either be acquired, at this time, or that -an official
street map be prepared and adopted establishing this location as the proposed 6th Street S. E.
right-of-way. Mr. Don Sperry of Fullerton Lumber Company was present, some of their building
was located right on the property where the right of way would be acquired. The City Engineer
-recommended that the rightoof way be acquired at this time or that an official map be adopted
establishing this as the proposed 6th Street S. E. right of way. The City Attorney recommender
that the dedication be done by a separate document for the necessary right of way and that it
be left off of the plat so the time element can be.specified and so the owner and the City will
know exactly what is.involved in terms of the value of the buildings, what the future use of
the buildings may be, whose responsibility it will be to remove.the buildings, etc. Upon motic
Record of Official Proceedings of the Common Council
of the. City_ of Rochester, Minn., June 7, 1971
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by Larson, second by Mayer, the matter was referred to the City Attorney; all voted in favor.
•Mr. Roy Watson, President of the Rochester Park and Recreation Board, requested
that the Council budget additional money this year.which would allow them to make improvements
to the present Mayo Civic Auditorium, such as (1) air condition the theater and arena (2) install
new risers in the arena and better seating in the theater (3) improve and increase the number
of refreshment stands and (4) do more painting and decorating work; he said he felt this would
be a good investment for the City.as it in turn would better serve the public; he said they now
have $276,000 in their improvement fund of which $120,000 is being spent currently leaving a
balance of $156,000, the total proposed improvements if estimated at $530,000 so they were now
requesting that the Council budget an additional $374,000 so they could go ahead with their
program. Upon motion by Larson, second by Kamper,,and all voting in favor, their request was
referred to the Finance Committee.
Upon motion by Strain, second by Willmarth, and all voting in favor, a short recess
was declared at 4:00 P. M. The meeting was called to order again at 4:15 P. M. with all
members being present.
Recommendation of City Planning and Zoning Commission that a variance be granted
to vary the provisions of Paragraph 41.301-6 of Ordinance No. 1558 as it applies to Proposed
Agate Road N. E. in Rocky Creek Second.Subdivision, subject to the condition that the roadway
not be improved until such time as the full right-of-way has been established. Upon motion
Willmarth, second by Strain, and all voting in favor, the recommendation was accepted and the
City Attorney was instructed to prepare the necessary resolution.
A motion was made by Larson, second by McNary, and passed unanimously that the.
semi -,monthly bills,, list attached, in the amount of $136,493.53 be approved.
Recommendation of Planning and Zoning Commission to approve a metes and bounds
conveyance of property located between 3rd and 4th Avenue N. W. North of 36th Street N. W.
Upon motion by Strain, second by Wililmarth, and all voting in favor, the recommendation was
accepted and a resolution was adopted approving the said conveyance of property be metes and
bounds (3 parcels of land in Lands Sec. 23-107-14 by Fullerton Lumber Co.)
Resolution authorizing the issuance of a revocable license to John F. Hoisington
and Veirlyn A. Hoisington for extension of an eave extending approximately 12 inches over City
.property at a height of approximately eight feet above ground level over the adjoining
property known as Cook Park and authorizing Mayor and City Clerk to sign same in.behalf of
the City. Upon motion by Strain, second by Kamper, and all voting in favor, resolution adopted.
Resolution amending the Land.Use Plan, designating lands along East Side of U. S.
52 North in Allendale Subdivision as being suited for medium density residential use. Upon
motion by Willmarth, second by Strain, and all voting in favor, except Alderman Kamper and
Larson who voted "nay", resolution adopted.
Upon motion by Larson, second by Willmarth, and all voting.in favor, the meeting
was adjourned until 7:30 P. M. (Sirens warning of a tornado in Northwest Rochester were sounded,
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so everyone went to the basement).
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Record of Official Proceedings of the Common Council �9
of the City of Rochester, Minn., June 7, .1971
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President Postier called the meeting to order at 7:30 P. M., the following
members being present: President Postier, Aldermen Kamper,'Larson, Mayer, McNary, Strain,
Willmarth. Absent: None.
Hearing on proposed assessment on Sidewalk on East side of llth Avenue N. E.
abutting Lots 5,6 and 7 in Duville 2nd and Lots 6, 7, 8 and 9 in Sawinski's Sbudivision. Mr.
Alquinn Toews of 1532 - 11th Avenue N. E. was present in regard to Lot 5 in Duville 2nd Add.,
he said he was not unhappy with the sidewalk or curb but said on the south 15 feet of his
Lot the City had an easement and the sidewalk had been put in the inner part of the easement
so he now had no use of that fifteen feet and wondered if he had been charged for the sidewa]
on this 15 feet. C. A. Armstrong, City Engineer, said that he had not been charged for that
15 feet. There was no one else present wishing to be heard. President Postier declared the
hearing officially closed. Upon motion by Willmarth, second by Mayer, and all voting in
favor, a resolution was adopted approving the assesment roll for this assessment.
Hearing on proposed assessment for curb and gutter on both sides of 3rd Place
N. W. from 36th Avenue to and including all 3600 and 3700 numbered lots. There was no one
present wishing to be heard. President Postier declared the hearing officially closed.
Upon motion by Kamper, second by Mayer, and all voting in favor, a resolution was adopted
approving the assessment roll for this assessment.
Hearing on proposed assessment for curb and gutter on both sides of 5th Street
S. W. from 15th to 16th Avenue S. W. and West end,of vacated 5th Street S. W. Mr. Leon
Shapiro of 439 15th Avenue S. W. was present and opposed the interest charged as shown
from October 20, 1969 to March 22, 1971, he said the project was not constructed until the
summer of 1970 and he did not feel he should be charged interestabefore that; he also said
that the curb and gutter on the corner of 5th Street and 15th Avenue was already broken and
deteriorated and he did not feel he should pay for this. Mr.Van Winkle of 1526 5th Street
S. W. was also present and inquired about the amount of interest charged. There was no one
else present wishing to be heard. A motion was made by Strain, second by Mayer, that this
be referred back to the Public Works Committee and Finance Committee to check further; all
voted in favor.
Hearing on Concrete Sidewalk on the North side of 33rd Street N. W. from 19th
Avenue N. W. to 22nd Avenue N. W. - Revised Sidewalk Project 1-1971. A petition with six
signatures opposing the sidewalk was read and ordered placed on file. Mr. Dewey Brownback
of 2021 33rd Street N. W. and Mr. John Middendorf of 1919 33rd Street N.W. were each heard
in opposition to the sidewalk. There was no one else present wishing to be heard. Presid
Postier declared the hearing officially closed. A motion was made by McNary, second by
Strain, to proceed with the project; all voted in favor.
Hearing on construction of concrete sidewalk on the south side of 37th Street
N. W. from 19th Avenue N. W. to 21st Avenue N. W. A petition with six signatures opposing
construction of the sidewalk was read and ordered placed on file. Mr. John Hellickson of
1916 37th Street N. W. and Mr. Robert Funk of 3615 19th Avenue N. W. were each heard in
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., June. 7'31 1971 •
opposition to this sidewalk. There was no one else present wishing to'be heard. President
Postier declared the hearing officially closed. A motion was then made by Willmarth, second
by Mayer, to proceed with the project; all voted in favor. '
' Hearing on grading and surfacing on the East River Road (3rd Avenue N.E.) from
I' 24th Street N. E. to 110 feet north of 27th Street N.E. There was no one present wishing to be
'heard. President 'Postier declared the hearing officially closed. The City Engineer reported
that the costs of this project were to be shared -between the City, Francis Sehl and Cascade
Township but now Francis Sehl has decided not to participate, so he recommended that the
City proceed with the watermain, storm and sanitary sewer improvements but abandon the grading
and surfacing. A motion was made by Willmarth, second by Mayer, that the grading and surfacing
project on the East River Road from 24th Street N.E. to 110 feet north of 27th St. N. E. be
abandoned; all voted in favor.
Hearing on sanitary sewerand watermain in 6th Avenue S. W. in'Maple Lane Subdivision.
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; to proceed with the project; arl voted
in favor.
Hearing on street grading and surfacing, sanitary sewer and watermain in 20th St.
N. W. between 21st Avenue N. W. and the west line of Northgate 8th Subdivision. Mr. Richard
Podolske of 2117 - 19th Street N. W. inquired if the City Attorney had come up with any formula
on how he would be charged, he said when they dedicated 'their land for street purposes 'they
were told this would be taken into consideration and he was 'told that the assessments would be
only against that part of the street that had not been previously constructed; he also asked if
the estimated amount of $22,531 was for the total project or his share and was told it was for
the whole project; he also inquired if there was a possibility of getting this assessment
d eferred as he was paying on one assessment on the other side of his lot at the present time,
he was told the Council has the authority to defer for sewer and water but not for grading and
surfacing. Mr. Floyd Whipple, Route #3, said he was the developer on the north side of 20th
and inquired if Northgate Court was included in this and was told by the City Engineer that this
was only for 20th Street and did not include anything in Northgate Court; he also requested
that he be given' permission to build on these lots right away, he said when he bought the land
he was told that he could start right away. There was no ohe else present wishing 'to be _;heard.
President Postier declared the hearing officially closed. A motion was then made by Willmarth,
second by Strain, to' proceed with the construction of this project;' all voted in favor. A motion
was then made by Strain, second by McNary, the matter of deferred assessments for that property
where people will pay on 19th Street be, -referred to the Finance Committee to see if any portion
lof it could be deferred; all voted in favor. A motion was then made by Larson, second by
Strain, that the contractor be allowed to get building permits, as requested by Mr. Whipple,
subject to no occupancy until sewer andwatef is hooked up; all voted in favor. '
Hearing on petition to designate the area from Valleyhigh Drive N. W. to the C.G.
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IN.W. Ry north of 15th Street N.W. as best suited for industrial and high density residential
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., June 7, 1971
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use (continued from 5/17/71).. A petition with 85.signatures opposing.the land Use Plan
Change and zoning change was read and ordered placed on.file. Mr. Walter Benike of 2329
16th Avenue N. W. stated that he had purchased two lots out here and wished to build an
office and warehouse and had been assured before he bought it that it would continue as the
I.O.I. property and be high density. Mr.'Stanley Mohn said he was one of the owners of the
property in question and said they had asked for the high density to break it away from the
industrial, he said he didn't think the people had been told anything different, that it
was always assumed that this along the Railroad tracks would be industrial;he urged approval
of the request. Mr. Leonard Sankstone of 4010 3rd Street N. W. said he,,was the one that had
originally laid out this plan about six months ago and it was laid out from a previous plan
segment from the Planning Department and when it had been laid out by another land surveyor
it had been laid out so there would be a service drive on the Southwest side and it was an
almost obvious concept that these lots were not suitable or were not intended at that time
to be residentaal, he said in his opinion this was definite,1,9;/land that should be classified
as high density. Mr. Theodore Clikeman of 2038 16� Street N. W., Mr. Warren W. Lenz of 1715
25th Avenue N. W. and Mr. Kenneth Thamert of 2042 Valleyhigh Drive, Mrs. Theresa Begin of
1927 Valleyhigh Drive and Mr. George Dewey of 1771 25th Avenue N. W. were each heard in
opposition to the proposed land use plan change. There was no one else present wishing to be
heard. President Postier declared the hearing officially closed. A motion was then made by
Mamper, second by McNary, that this application to amend the land use plan be denied; all
voted in favor therof except Alerman Willmarth who voted "nay".
A motion was then made by Willmarth, second by Strain, that the Land Use Plan be
amended to designate the area from Valleyhigh Drive N. W. to the C.G.N.W. Ry. north of 15th
Street N. W. as best suited for light industrial and the City Attorney be instructed to
prepare the necessary resolution; all voted in favor except Kamper and McNary who voted "nay"
Hearing on petition for a zone change on the property located at the Southwest
corner of 5th Street and llth Avenue N. W. from the R-3 District to the B-lb District. A
petition signed by four abutting property owners, the entire west boundary of this service
station is shared in common with a residential zone and they recommend as an aid to shield
the residential neighborhood that (1) the 6 foot redwood fence be extended to cover the
entire west boundary (2) on the south boundary starting on the S.W. of the property a six
foot high fence be built for a distance of approximately 16 feet (3) that this fence receive
required maintenance at least every three years (4) that two or more screening trees be
planted on the boulevard between the south property line and the north curb of 4k Street N.W.
and (5) that the trees be properly maintained, the petition was ordered placed on file. Mr.
Thomas Godsill of 1117-4k Street was heard and read the above petition. Mr. Wally Nelson,
representing the petitioners was present and urged that the petition be granted. Mr. Del
Fisher, representing Phillips "66" Oil Company was also heard. Mr. Nelson said that most
of the things that the station had for sale had been removed and he thought the objectionab
things had been taken care of. There was no one else present wishing to be heard. Pres
IIPostier declared the hearing officially closed. A motion was made by Strain, second by
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., June 7, 1971
Willmarth, that the City Attorney be instructed to prepare an ordinance changing the property
to B-lb District; all voted in favor.
Petition to change the zoning district change on property locatdd from Valleyhigh
Drive N.W. to the Chicago Great Western Railroad North of 15th Street N.W. from the R-1 District
to the R-4 District and the M-2 District. Mr. Theodore Glinkiman of 2038 16k Street N: W.'and
Mr. Kenneth Thamert of 2042 Valleyhigh Drive spoke in opposition and also a petition with
�approximately 90 signatures opposing it was read and placed on file. 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 byKamper, that the petition for zone change be denied and
all voted in favor thereof, except Alderman Willmarth who voted "nay"; A motion was then made
by Larson, second by Kamper, that this matter be referred to the Planning & Zoning Commission
and the Planning Department to consider this area in the light of the Land Use Plan as amended
tonight; all voted in favor except Alderman Willmarth who voted "nay".
Hearing on application to vary the provisions of -Paragraphs 41:032; 41.093, 41.12,
41.20 and 52.00 of the Zoning Ordinance as they apply to property locatdd at*220 and 224 3rd
Avenue N. W. Mr. Gordon Lundskow representing Methodist Hospital, the petitioners, was present
and urged that the variarice'be granted. There was no one else present wishing to be heard.
President Postier declared the hearing officially closed. Upon motion by Mayer, second by
Larson, and all voting in favor, the petition was approved and the City Attorney was instructed
to prepare a resolution granting the variance.
Hearing on application to vary the provisions of Paragraph 15.070 of the Zoning
(Ordinance as it applies to property located at 1421-5th Avenue N. E. (that a garage having
dimensions of not more than 12' x 22' tie attached to the west side of the existing dwelling and
be even with the north wall of the existing dwelling, this will keep the west wall of the
attached garage about 3.0 feet from the west property line. A letter from W.E. Thiede, owner
of the adjoing lots to the property, objecting to the variance was read and placed on file. Mr.
Edward'G. Giraird, the petitioner was present and urged approval'of his petition. There was no
one else present wishing to be heard. President Postier declared the hearing officially
closed. Upon motion by Mayer, second by Strain, and all voting in favor except Alderman
Willmarth who voted "nay", the application was approved and -the City Attorney was instructed
to prepare a resolution granting the variance.
Hearing on final plat of Apache Mall Shopping Center Resubdivision'No. 1. There was
no one present wisharing to be heard. President Postier declared the hearing officially closed.
Upon motion by Strain, second by Kamper, and all voting in favor, a resolution was adopted
approving the said plat.
Hearing to amend the City's Land Use Plan to designate the area from'the middle of
the block between East Center Street and 1st Street N. E. to the Chicago & Northwestern Railroad
and from 2nd Avenue N. E.*to the Zumbro River as being best suited for industrial use instead of
low density residential. Mr. Duane Lewis,owner of property at 110 2nd Avenue N.E., was present
sand said he represented himself and two other property owners here and they would like to have the
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., June 71, 1971
property left as it is. Mr. Howard Naves of 104-2nd Avenue N. E. also requested that it
remain as is. Mr. Tom -Moore, Planning Director, said the main reason for -the request was
that the area now is composed of mixed commercial, residential and industrial uses, with the
predominate use as being of an industrial nature and they just wanted the Land Use Plan to
e e and recommended the Council consider some change to an
Dewey Day sAid he owned prop r ys
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conform with the zoning./ There was no one else present wishing to be heard. President
Postier declared the hearing officially closed. A motion was made by Willmarth, second by
Strain, and all voted in favor, to deny the amendment to the land use plan.- A motion was
then made by Willmarth, second by Kamper, that the Planning Department take a good hard
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look as to the possibility of recommending this area for R-3 or R-4 District, on Center
Street between the river and 2nd Avenue or even further; all voted in favor-.
Hearing on proposed amendments to Paragraphs 30.018; 32.005 and 21.023 of the
Zoning Ordinance. This would amend the -,.Zoning -Ordinance as follows:
1. Amend the B-lb District as follows:
a. 30.016 Small Animal Hospitals, Veterniary Clinics, etc.
B-la: None
B-lb: Small animal hospitals, veterinary clinic, housing or.boarding of
pets provided that all animals Are kept within a completely enclosed
building.
b. Renumber as follows:
1. Change Existing 30.016 to 30.017.
2. Change Existing 30.017 to 30.018.
2. Amend Paragraph 32.005 as follows:
a. 32.005 -Animal Hospitals,•Veterinary Clinics, Etc.:. Same as Paragraph
30.016 and animal hospitals, kennels, display and housing or boarding
of petscand other animals, including outdoor exercise runs provided
they are enclosed on four (4) sides by a sight obscuring, unpierced
fence -or wall at least five (5) feet in height.
3. Add the following Paragraph:
21.023- Roomers: The keeping -of not more than two (2) permanent or transient
roomers or boarders by a resident family. The rooms occupied by
such roomers may include -cooking facilities.
There was no one present wishing to be heard. President Postier declared the hearing
officially closed. A motion -was made by Willmarth, second by Mayer, that the amendments be
approved and the City Attorney be instructed to prepare anyamendment to the Zoning Ordinance.
A motion was made by McNary, second by Willmarth, to amend the above motion that additional
off street parking be provided with the keeping of -two roomers and all -voted in favor. A
vote was then taken on the motion as amended, and all voted in favor.
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Request for permits to display of fireworks of (1) John Marshall High School on
Friday evening, June-ll, 1971 for commencement exercises and (2) Rochester Post Bulletin
on Sunday evening July 4, 1971. Upon motion by Larson, second by Willmarth, and all voting
in favor, the permits were granted.
Howard Hawkins of Hawkins Chemical Company in Minneapolis was present and thanked
the Council for the opportunity to bid on liquid chlorine, he outlined their program and
operations and saidhe hoped -they would again -be considered.
Resolution designating lands along East side of U. S. 52 north -in Allendale
Subdivision as being suited for medium density residential
use and amending the Land Use Plan.
Upon motion by Wi-Ilmarth, second by Strain, and all voting in favor except Aldermen Kamper
and Iarson who voted "nay", resolution adopted.
Resolution reducing the off-street•parking•on premises at 619-621 First Street S.W.
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Record of. Official Proceedings of the Common Council
of the City of Rochester, Minn., June 7 ; 1971.
(Upon motion Uyodarson, second by Willmarth,.and all voting in favor, resolution.adopted.
Resolution approving plans and specifications for watermain modifications in Apache
Mall Shopping Center and authorizing Mayor and.City Clerk to execute a contract with Dayton -
Hudson Corporation and Fraser Company ,Inc. Upon motion by Larson, second by Strain, and all
voting in favor,, resolution adopted.
Resolution approving resolution adopted by Public Utility Board and authorizing
Mayor and City Clerk to execute release and indemnifying agreement dated April 23, 1968
between City, Westinghouse Electric Corporation and Federal Insurance Company. Upon motion by
(Strain, second by Larson, and all voting in favor, resolution adopted.
Resolution authorizing Mayor andCity Clerk to execute change order to contract with
(Westinghouse Electric Corporation for relay panels -and associated supervisory. and protective
relay equipment (decrease contract by $9,284.00). Upon motion by Kamper, second by Mayer, and
fall voting in favor, resolution adopted.
Resolution granting variance to permit the installation of a display sign at 417 6th
Street S.W. measuring 24 sq. ft. in in area and 4 ft. in height. Upon motion by Kamper, second
by Larson, resolution adopted. i
Resolution granting variance;to permit the.installation of a pole measuring 2 feet in
(diameter supporting a ground sign at 37th Street N.W. and Highway.52. Upon motion by Strain,
(second by Mayer, and all voting in favor, resolution adopted.
Resolution amending the City's Land Use Plan to designate the Rocky Creek Area as
being best suited for medium density residential.use. Upon motion by McNary., .second by Strain,
land all voting in favor, resolution adopted.
Resolution amending Ordinance 871, Section I, Parking -Meters, Zone A, establishing
12 minute parking meter zones on 4th Street Southeast Southwest. Upon motion byKamper, second
by Larson, and all voting in favor, resolution adopted.
An Ordinance relating to streets and seasonal load restrictions thereon; amending
Rochester Code of Ordinances, Section 144.030 and adding a new section 140.900, was given its
second reading. Upon motion by Larson, second by Strain, and all voting in favor, the
ordinance was duly passed and adopted.
An Ordinance rezoning certain property and amending the Zoning Ordinance of the
City of Rochester, Minnesota (property in NW Rochester area from R-2 to R-4 and from R-3 to
R-4) was given its second reading. A motion was made by Larson, second by Strain, 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 annexing to the City of Rochester, Minnesota, certain unplatted land
snot exceeding 200 acres in area, all in Section 24-107-14, Olms.ted County, Minnesota (40 acres
least of Rocky Creek Mobile Park) was given its first reading.
An Ordinance annexing to .the City of Rochester, Minnesota, certain unplatted land
t exceeding 200 acres in area all in Section.27. and 28-.107-14, Olmsted County, Minnesota
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((lands located from Valleyhigh Drive N.W. to C.G.W.R.R. north of 15th Street N.W.) was given
Record of Official Proceedings of the -Common Council
of the City of Rochester, Minn., June 7, 1971
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its first reading.
• An Ordinance relating to the Rochester Subdivision Ordinance and amending Rochest
Code of Ordinances Section•21.101, 41-.103, 41.109, 41.200, 41.201 and 41.203 was given its
second reading. A motion was made by Willmarth, second by Mayer, that the said ordinance
be-adopted'as read and a-ll voting in favor, President Postier declared the said ordinance
duly passed and adopted.
An Ordinance relating to Trailer Display Signs and the issuance of permits
therefore; amending the Zoning Ordinance of the City of Rochester, Minnesota, was given its
second reading. A motion�as made by Willmarth, second by Strain, that the said ordinance be
adopted as read and all voting in favor, President Postier declared the said ordinance duly
passed and adopted._.
Resolution amending the parking. resolution, removal of parking meters on 6th
Street S. W. on the north side of the street between South Broadway and First Avenue Southwes
at all times -and on the south side of the street from South Broadway to a point 250 feet morc
or less west of South Broadway at all times. Upon motion by Larson, second byMayer, and all
voting in favor, resolution adopted.
Resolution varying the provisions of the Subdivision Ordinance as it pertains to.
Agate Road in Rocky Creek Second Subdivision. Upon motion by Mayer, second by•Larson, and
all voting in favor, resolution adopted.
Resolution instituting condemnation proceedings for a permanent easement for publ
purposes over, under, through and above that part of the following described tract of land:
North 50 feet of East 602 feet of that part of NE'k of NWk Section 11-106-14 which lies South
of T. H. No. 14 (Gore Property). Upon motion by Strain, second by Larson, and all voting in
favor, resolution adopted.
Resolution approving release between City and Fiegel Power Service Inc. Upon
motion by Strain, second by Kamper, and all voting in favor, resolution adopted.
Upon motion by Larson, second by Kamper, and all voting in favor, Mr. James Andrew
was authorized to forward the necessary plans for sewer lines south of theCity to the Airpor
to the Environmental Pollution Agency in Chicago. (President Postier said that in voting in
favor of mailing this to Chicago certainly did not indicate that he was in favor of the sewe
to the airport).
Upon motion by Willmarth second by Strain, and all voting in favor, item; G-1
was, taken off the table.
Upon motion by Willmarth, second by Strain, and all voting in favor, the prel
plat of Rocky Creek Second Subdivision was approved.
Upon motion by Willmarth, second by Larson, and all voting in favor, a resolution
was adopted approving the proposed construction of a new street, section on Second Avenue N.E.
between Second Street and Seventh Street N. E. including the construction of a grade
crossing across the Chicago and North Western Railway tracks and ordering that the project
Record of. Official Proceedings of the Common Council
of the City of Rochester, Minn., June 7, 1971
Iproceed to completion.
A letter from Woodhouse Brothers, Inc.. -protesting the extension -of 2nd Avenue N.E.
which will block off. any access to our, property from 24d Avenug N. E..was noted and placed on
file.
Upon motion by Larson,. second by Willmarth, and all voting in favor, the meeting
was adjourned until 7:30 o'clock P. M. on June 21, 1971.
40'17/ C Clerk
INFORMATION
1. Minutes of Standing Committee 6/1/71
2. Minutes of Einance Committee 5/21/7;
3. Letter was received from Martin Cornelius requesting a Barking restriction in front
of his ttore at 1119 2nd St. S.W. (referred to Traffic Engineer)
4. Letter from Mr. & Mrs. John B. Schafer re parking- ''
5. Notice of Claim -Supplemental Gerald W. Dexter (referred to Engineer, Attorney, Finance
and Insurance)
6. Letter from Ruth M. Korpela re plugged sewer
7. The P.S.C. will hold.a hearing at the City Hall, Rochesm r, Minnesota on Friday,.
June 25, 1971 at 10:30 A. M. to establish the rate of speed at which the
C.N.W.R.R. may operate its trains between 2nd Avenue N.E. and 6th Avenue
N. W. (referred to Traffic Engineer and Attorney)
8. Rochester Yellow Cab Corp. has received permission from the P.S.C. to cease its
operation between Rochester and Winona
9. Referred to Planning and Zoning':'
a. application for a variance at 415 - 8th St. S.W. (Peter Galuska)
b. application for a variance at 1421 5th-Ave. N.W. (Edward Girard)
c. application for variance for proposed Rocky Creek 2nd Subdiv. (Par Ex Homes)
d. application for variance at 220 and 224 erd Ave. N.W. (Methodist Hopsital)
e. petition to rezone Lots 1 thru 7, Block 11, West Zumbro Addition from
R-1 to B-3 (Perry Miller)
f. petition to rezone property lying east of Rocky Creek Mobile Home Park
-from R-1 to R-3 (Par -Ex Homes)
g. petition to annex certain lands in Marion Township (Mayo Foundation)
h. petition to rezone a small triangular parcel bounded on the west by
8ateway Addition and T. H. 52 on the east from R-1 to B-lb
(Mayo Foundation)
i. application for a variance from the subdivision regulations on Apache
Mall Shopping Center Resubdivision No. 1
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