HomeMy WebLinkAbout07-19-1971Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., July' 19, 1971
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 July 19,
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, Strain, Willmarth.
Absent: Alderman McNary.
Upon motion by Kamper, second by Strain, and all present voting in favor, the
minutes of the meeting of July 6, 1971 were approved.
Hearing on petition to change the zoning districting on the East side of llth
Avenue N. W. between Bachman's Greenhouse to loth Street N. W. from the R-1 District to the
B-3 District. The analysis of the petition of protest was presented which showed that less
than 20% of the owners of property within 200 feet had signed and therefore the petition was
invalid and would require a 5/7 vote of the Council to approve,'; the proposed change. Mr.
Joseph Dingle, Attorney representing the petitioner, was present and said the sole purpose of
the requested zone change was to enable them to build a new plant and tear down various of the
out houses and green houses, but the particular problem in trying to locate it now is that the
only entrance to the greenhouse is approximately 40 feet north of the southerly -edge of their
property, he said they wanted to get the traffic away from llth Avenue and give Bachman's more
off street parking.; he showed a sketch of the proposed plan. Dr. Thomas Ryan of 916 loth St.
was present and said they were not opposed to such a change but presented the petition only to
assure them of what was going to be built there. There was no one else present wishing to be
heard. President Postier declared the hearing officially closed. Upon motion by Larson, second
by Strain, and all present voting in favor, the petition was approved and the City Attorney was
instructed to prepare an ordinance making the requested'zone change.
Hearing on petition to change the zoning districting on Lots 1-7, Block 11, West
Zumbro Addition from the R-1 District to the B-3 District (south side of 1st Street S. W.
between 18th and 19th Avenue S. W.). The analysis of the petition of protest was presented
which shoed that more than 20% of the owners of property within 200 feet had signed and therefore
the petition was valid and would require a 6/7 vote of the Council to approve the proposed change.
Mr. Perry Miller representing Toyota was present and said that these additional lots were
needed for them to maintain their business there. Mr. Joel Grettenberg of 1807 First St. S.W.
was present and spoke in opposition in behalf of the petitioners who signed the petition of
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protest. The Planning Department reported that this request was justifiable, however, the first
step that needs to be taken is to have the city adopt a general Land Use Plan for this area.
There was no one elsepresent wishing to.be heard. President Postier declared the hearing
officially closed. A motion was made by Alderman Larson to grant the zone change and instruct
the City Attorney to prepare the necessary ordinance, his motion was lost for want*of a second.
A motion was made by Willmarth, second by Strain, that the zone change be tabled and the
Planning Commission reactivate the Land Use Plan; all present voted in favor, except Alderman
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Larson who voted "nay".
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., July 19, 1971 .
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Hearing on petition to change the zoning districting on property known as Rocky
Creek Second -Subdivision from=the R-1 district to the R-3 District. Mr. Robert Toddie from
Agneberg, Kirkham & Michael said they had prepare the forms and Mr. Don Lee, Engineer for
•Par-X Homes were present to answer any questions the Council might have. Alderman Willmarth
said it was the recommendation of the Planning & Zoning"that the owner was going to make
for a shelter
provisions/for about 140 people in planned,F a utility building, this is not adequate for all
the people residing in the area but it is a realistic attempt to make provisions to alleviate
the problem" and he wondered if this shelter of 140 would be enough, he said he did not think
this was adequate. Mr. Don Lee said they felt that providing for 140 people would be
sufficient. There was no one else present wishing to be heard. President Postier declared
the hearing officially closed. A motion was made by Strain, second by Kamper, that the zone
change be approved and the City Attorney be instructed to prepare the necessary ordinance;
all present voted in favor.
Hearing on application for approval of a trailer coach park plan to be known as
Rocky Creek Second. The matter of providing a shelter was again discussed with Mr. Toddie
and Mr. Don Lee. It was suggested that a shelter be provided for all of the people in both
Rocky Creek 1st and 2nd, either all ih one building or if necessary in two buildings. There
was no one else present wishing to be heard. :President Postier declared the hearing
officially closed. A motion was made.by Larson, second byMayer, that this matter be tabled
until August 2, 1971 and the owners provide plans for additional shelter space, revised
amount of space allocated for the people living there; all present voted in favor.
Hearing on petition to change the zoning districting on a parcel of land on the
west side of U.S. 52 South (Marion Road S.E.) from R-1 District to the B-lb District. There
was no one present wishing to be heard. President.Postier declared the hearing officially
closed. A motion was made by Strain, second by Mayer, that the zone bhange be approved and
the City Attorney be instructed to prepare the necessary ordinance; all present voted in favor
Hearing on proposed assessments for grading and surfacing, sanitary sewer, storm
sewer, watermain and service connections stubbed into the.boulevards on 31st Street N. W.
abutting Tower Terrace Subdivision. There was no one present wishing to be heard. President
Postier declared the hearing officially closed. A motion was made by Willmarth, second by
Kamper, that the resolution adopting the assessment for the above improvement be approved;
all present voted in favor.
Hearing on Sidewalk Replacement Project #1-.5E-71. There was.no one present
wishing to be heard.. President Postier declared the hearing officially closed. A motion wasi
made by Larson, second by Strain, to proceed with the.project; all present voted in favor.
Hearing on Sidewalk Replacement Project # 2-SE-71. There was no, one present
wishing to be.heard: President Postier declared the hearing officially closed. A motion wasi
made by Kamper-, second by Willmarth, to proceed with the project; all present voted in favor.
Hearing.on Sidewalk Replacement Project #3-5E-71. There was no one present
wishing to be heard. President Postier declared the hearing officially closed. A motion wasi
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of. the. City -of Rochester, Minn., July 19, 1971
made by Strain, second by Willmarth, to proceed with the project; all present voted in favor.
Hearing on Sidewalk Replacement Project #4-SE-71. There was no one present
wishing to be heard. President Postier declared the hearing officially closed. A motion was
made by Willmarth, second by Larson, to proceed with the project; all present voted in favor.
Hearing on Sidewalk Replacement Project #5-SE-71. 'Mr. Sam Wade of 1207 - 10th
Avenue S. E. and Mr. Edward Hatting of 1206-9th Avenue S. E. were present in regard to their
property along 12th Street S. E., the State owns property which abuts their property and they
wondered if they would be assessed for this. They were told that their lots would be treated
the same as all corner lots. There was no one else present wishing to be heard. President
Postier declared the hearing officially closed. A motion was made byMayer, second byKamper, to
proceed with the project; all present voted in favor.
Report of Commissioners on condemnation of certain land in the Northeast Quarter
of the Southeast Quarter in Section 2, Township 106 North, Range 14 West, City of Rochester,
Olmsted County, Minnesota; the names of the persons interested in the award are Chicago and
North Western Railway Company, a Wisconsin corporation - fee; Morgan Guaranty Trust Company of
New York, a corporation = mortgate'trustee; The First National Bank of Chicago, a national
banking•association mortgage trustee; the amount of the award was $3,500.00. An objection
to the award was filed by the Chicago and North Western Railway Company, and a letteramending
their objection was also filed. Mr. Gerald Swanson, City Attorney; summarized the objections
as follows: (1) the Railroad claims that a 1971 statute repeals the authority of the City
Council to•condemn"under the Charter and requires that the City condemn under Minnesota
Statutes Chapter 117. Mr. Swanson said he examined the statute in question and was of the
opinion•that the statute does not affect the authority of this condemnation.proceeding since
the statute does not become effective until September.l. (2) The Railroad claims that the
City has no authority to condemn the right-of-way for 9th Street S. E. because the property
is already being used for public purposes to -wit for a railroad. As to this objection Mr.
Swanson stated that the condemnation does not substantially damage or destroy the railroad
use•and that after acquiring the right-of-way for street purposes the Railroad will be
allowed to•continue to use the right-of-way for railroad purposes. (3) The third objection of
the Railroad is that the award is wholly inadequate. Mr. Swanson stated that the. Railroad is
requesting that the City compensate the Railroad for the cost of relocating the two spur
tracks west of the main line and their current estimate of that cost if $36,805.00. He further
stated that the award of the Commissioners in the amount of $3,500.00 is based on their opinion
of inconvenience caused the Railroad, inconvenience because the relocation of the crossing -
from 9k Street to 9th Street, the additional expense to the Railroad for putting in their
share of the train signals and inconvenience that may be caused by reason of the effect this
new crossing -has on the switching and storage on the adjoining classification yard. The
$3,500.00 represents the opinion of the Commissioners damages to the Railroad. There is a law
suit pending in Federal District Court which is still under advisement by Judge Devitt, the
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law suit is to enjoin the City from proceeding with the condemnation and I understand from
the Attorney for the Railroad.that they anticipate if this award is approved as submitted
that they will appeal the award to the District Court and remove the case to the Federal
Court to have it tried again as to the damages. (Copies of the written objection were
given to each member of the Common Council). There was no.one present wishing to be heard.
President Postier declared the hearing officially closed. A motion was made by Strain,
second by Mayer, that.the report of the Commissioners be accepted and the amount of the
appraisal be confirmed; all presgnt.voted in favor.
Upon motion by Mayer, second by Willmarth, and all present voting in favor,
Mayor's appointment of Dennis R. Safe of 1828-34th Street as a member of the Planning and
Zoning Commission was approved.
Recommendation of Public Works Committee that the Council adopt a resolution
requiring a minimum setback of 40 feet along both sides of T. H. 52 south from the
intersection of T. H. 14-52 to approximately one-half mile south, the purpose is to allow
for the future improvement of T.H. 52 as a four -lane expressway with left turn lanes, etc.
Gerald Swanson, City Attorney, said this should be referred to the Planning & Zoning
Commission to instruct them to hold a public hearing, it is required by State Statute to
amend the thoroughfare plan to put the setback of 40 feet into effect. Upon motion by
Willmarth, second by Kamper, and all present voting in favor, the matter was referred to the
Planning & Zoning Commission. Mr. Jim Bergren representing Mr. Quick Restaurant was present
and said that they would put their building back the 40 feet but wondered if their sign
would also have to mooed back that far; he was told unofficially that he could put the sign
out but he would have to apply for a variance and he also would have,to give the City a
document.that he would not sue the City when he was.requested to move the sign.and.would not
sue the City for the cost of removing the sign -back.
Rochester -Olmsted Countil of Governments Agreement, this agreement calls for
RoCoG to be organized for the purpose of accomplishing greater cooperation in guiding urban
growht and evelopment and to be composed of thirteen voting delegates and two non -voting
citizen delegates. Upon motion by Kamper, second by Larson, and all present voting in favor
the agreement was approved and the City Attorney was instructed to ppppare a.resolution
authorizing the Mayor and City Clerk to sign the agreement.
Request of the Olmsted County Bank for permission to erect a lemonade stand
and to serve lemonade at the corner of 2nd Street S.W. and Broadway for the benefit of the
Boy Scouts, permission is requested for the entire month of August and the stand is
expected to extend around the corner of the Bank building. Upon motion by Willmarth, second
by Mayer,.and all present voting in favor, the request was.approved.
Request to abolish Mayor's Youth Activity Committee and transfer the activity
to the jurisdiction of the Park and Recreation Department. Upon motion by Larson,. -second byl
Strain, and all present voting in favor, the Abolishment of the Committee was approved and
the City Attorney instructed to prepare a resolution transferring the activity to the Park
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Record of Official Proceedings of the Common Council
of the. City of Rochester, Minn., July 19, 1971
and Recreation Department.
Upon motion by Kamper, second by Mayer, and all present voting in favor, the
request from the Rochester Area Shrine Club for a license to conduct a Shrine Circus to be held
on August 2, 1971 at the Apache Mall Shopping Center was approved and the City Clerk was
•instructed to issue the license.
Upon motion by Willmarth, second by Strain, and all present voting in favor, the
request of the Rochester Evangelistic Team to use a portion of the sidewalk -in front of the
vacant Penney Building at the corner of•Rirst Street S. W. and Broadway on July 30, 1971 for
one hour from 12:00 noon to 1:00 P. M. was approved. •
Upon motion by Mayer, second by Strain, and all present voting in favor; the
application of Jack's Texaco for a license to sell cigarettes and application ofAbility
Building Center for a license to sell cigarettes were approved; the application of Gold
Cross for a 1963 International to be used in heavy snow and as a rescue equipped with -unit
for back-up emergency amublance service was approved subject to approval.of the Health
Officer.
The contract bonds of Riverside Sand & Gravel Company and Minnesota Bible College
in the -amount of $23.,680.00 with Fidelity & Deposit Company as surety and Fraser Company, Inc.
(2) in the amounts of $133,885.50 and $89,743.65 with Fidelity & Deposit Company as surety
were each approved and the surety thereon accepted, upon motion by Mayer, second by Strain, and
all present voting in favor:
The bids for concrete paving H.S.T.O. #2-3-4-5 and grading and base.and concrete
paving H-6 at the Rochester Municipal Airport of Doyle Conner Company of Rochester, Minnesota
in the amount of $377,936.45, Hallett Construction Company of -St. Peter Minnesota in the amount
of $564,313.24, McCree & Company of St. Paul, Minnesota in the amount of $436,209.73, Woodrich
Construction Company of Hopkins, Minnesota in the amount of $453,518.01, Arcon Construction
Co. in the amount of $441,681.96 and Trierweiler Companies of Marshfield,Wisconsin in the
amount of-$462,228.29 were each received and opened; the engineer's estimate was in the amount
of $363,999.60. A -emotion was made by Larson,. second by Kamper, that the two following
resolutions be adopted (1) resolution accepting the low bid of Doyle Conner.Company in the •
amount of $377,936.45 and authorizing the Mayor and City Clerk to execute the State of
Minnesota, Department of Aeronautics Engineering Form No. 202 "Request for authority for
Expenditure of Funds" and (2) resolution appointing and designating the Commissioner of
Aeronautics as agent of the City of Rochester; all present voted in favor.
Recommendation of Public Works Committee that a local improvement project
without petition be initiated for• construction of concrete sidewalk on the south side of loth
Street S. E. from 15th•Avenue S. E. to 458.52 feet west (Welles Shopping Center). A motion
was made by Strain, second by Willmarth, that the three following resolutions be adopted (1)
resolution referring proposed improvement to the City Engineer and Public Works Committee for
feasibility report and recommendation (2) resolution receiving preliminary report and ordering
Record of Official Proceedings of the Common. Council
of the City of Rochester, Minn., July 19, 1971
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a public hearing and directing preparation of plans and specifications and (3) resolution
approving plans and specifications and ordering bids for making the improvement; all present
voted in favor;
Upon motion by Larson, second by Kamper, and all present voting in favor, a`
resolution was adopted on each of the following four projects approving plans and specifica-
tions and ordering bids for (1) Job 5808-15S-71 construction of sidewalk on the north side
of 15th Street N.W. from Valleyhigh Drive N. W. west to City limits (2) Job 6110-26S-71
construct sidewalk on both sides of 26th Street N. W. from 14th to 15th Avenue N.W. (3) Job
5903-38S-71 construction of a sidewalk on the north side of 38th Street N.W. from 18th to
19th Avenue N.W. and (4) Job 6009-29S-71 construction of sidewalk on the south side of 29th
Street N.W. from 12th to 15th Avenue N. W.
Alderman Mayer stated that on Job 5720-37A-71 construction of sidewalk on the
east side of 37th Avenue N.W. from 1st Street to 2nd Street N.W., north side of 1st Street
N.W. from 36th to 37th Avenue N.W. and south side of 2nd Street N.W. from sidewalk inplace
west of•36th Avenue to 37th Avenue N.W. when.the original hearing was held on July 6, 1971
a petition had been filed against the project but had been mislaid and was not presented to
the Council, so inasmuch as this petition, which was a valid petition, was not available he
requested that the Council rehold the hearing. (At the meeting on July 6th the hearing was
held and closed and a motion had been made and adopted to proceed with the project). A
motion was made by Mayer, second by Strain, to reconsider the motion adopted on July 6th and
all present voted in favor of the motion to reconsider. The original motion made on July
6th to proceed with the project was again before the Council and Kamper, Larson, Mayer,
Strain and Postier voting "nay" and Willmarth voting "aye", the motion was declared lost.
A motion was then made by Mayer, second by Kamper, that two resolutions (1) resolution
receiving preliminary report and ordering another public hearing and directing preparation
of plans and specifications and (2) resolution approving plans and specifications and
,ordering bids for making the said improvement, be adopted; all present voted in favor.
Sewer and Watermain from T. H. 52 to Green Meadows First Subdivision. The
feasibility report showed that the project was feasible and the estimated cost was
$25,200 for current construction and deferred construction $4,374 and the Public Works
Committee recommended its construction. A motion was made by Kamper, second by Larson, that
a resolution be adopted receiving preliminary report and ordering a public hearing; all
present voted in favor.
Tabulation of bids for sidewalk construction on the following:
Ed
B.
Phil E. J.
City Engineer's
Mahoney
DeWitz
Ryan Vonch
Estimate
• Revised Sidewalk Project #1-1971
4,362.70
4,221.50 3,944.18*
Sidewalk Replacement Project
#I-SE-1971
27,522.22*
32,154.14
21,103.38
#2-SE-1971
9,216.00
8,965.00*
5886.70
#3-SE-1971
57,320.32
55,243.04*
34:730.98
#4-SE-1971
5,666.35
5,502.00*
3,601.26
#5-SE-1971
18,194.46*18,942.60
111583.31
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Record of Official Proceedings of the Common Council
of the City of .Rochester, Minn., July 19, 1971
The City Engineer recommended that these 5 replacement project bids be referred to the Public
Works Committee. A motion was made by Willmarth, second by Larson,.that a resolution.be adopted
accepting the low bid of E. J. Vonch Concrete Company in the amount of $3,944.18 for revised
sidewalk project #1 and that the five bids for sidewalk replacement be referred to the Public
Works Committee for review and recommendation; all present voted in favor.
The following unexpended balances of Permanent Improvement accounts for local
improvements were requested to be transferred to the Future Construction Account of the Permanent
Improvement Fund and upon motion by Larson, second by Strain, and all present voting in favor,
the request was approved and the City Attorney was instructed to prepare the necessary
resolution:.
Appropriation
Unexpended
Fire Station #5
12,000
604.20 Cr.
Quarry Hill picnic shelter
4,000
1,654.34 Cr.
Tennis Courts - Kutzky Park
12,500
27.72 Cr.
Northridge
3,850
3,850.00
Norton Hotel Site
165,000
14,607.72
Storm sewer - 2nd St. N.W.
173,000.
2,772.90
San. Sewer -Northwood 3rd Addition
-0-
9,463.29 Cr.
Band.Shell
1,600
562.01
Police Rifle Range
15,000
6,892.77
Elton Hills Drive _ Pt. II
.286,799
90,942.91
Sidewalk Project #l-E 1969 (8205)
South side Northern Heights Drive
North Broadway to 5th Ave. N.E.
3,396.41 Cr.
Net Funds Transferred
104,492.35
Upon motion by Kamper, second by Larson, and all present voting in favor, the
Mayor and City Clerk were authorized to sign the agreement with the Northwestern National Bank
for computor services; the agreement is for one year but can be terminated by three months
notice to the bank; the agreement is in effect now at a rate of 23C per check to do the payroll,
the proposed agreement changes this rate to 26.5C per check and means approximately $42 per
month additional cost to the City.
Upon motion by Kamper, second by Mayer, and all present voting in favor, the
quest for a maternity leave of absence for Mrs. Christiane Lund, Clerk Typist II in the
ilding and Safety Department from August 1, 1971 to December 1, 1971, was approved.
Upon motion by Larson, second by Strain, and all present voting in favor, a
temporary use permit was granted to Olmsted County Park and Recreation Department to allow a
portion of the Olmsted County Fairgrounds tote used as a travel trailer parking area.
A motion was made by Larson, second by Kamper, and passed unanimously, that the
semi-monthly bills, list attached, in the amount of $114,347.19 be approved.
Upon motion by Strain, second by Larson, and all present voting in favor, the
request to establish paid public parking at the Rochester Municipal Airport was approved.
A motion was made by Mayer, second by Kamper, that a resolution be adopted
ordering bids for construction of the lagoon system for treatment of sewage at the Rochester
ipal Airport; all present voted in favor.thereof, except Alderman Larson who voted "nay".
Recommendation of City Planning Department that the City's Subdivision Ordinance
The extended two miles beyond the city limits. Upon motion by Strain, second by Larson, and all
present voting in favor, the recommendation was referred to the City Attorney.
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A motion was made by Willmarth, second by Kamper, that Hirman Insurance Agency
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be awarded the three year policies for coverage on Fire, Inland Marine, Fidelity and money
securities as lowest bidder meeting specifications on bids called for on July 16, 1971, such
policies issued with the understanding that the next 3 year renewal would be on a negotiated
basis; all present voted in favor.
The following bids were received for sanitary sewer tiunkline with extension and
watermain from south line of Lot 35, Auditor's Plat "A" to DeWitts Subdivision and Parkside
Trailer Village: Barbarossa & Sons, Inc. of Osseo, Minnesota $270,042.00; Fraser Company,
Inc. of Rochester, Minnesota $244,163.95; Riverside Sand & Gravel of Rochester, Minnesota
$266,934.00 and Kasson Sewer & Water of Kasson, Minnesota $253,378.00. Upon motion by Larson;
second by Willmarth, and all present voting in favor, the bids were referred to the Finance
Committee and the Public Works Committee.
Only one bid was received for pedestrian actuated traffic signal on Elton Hills
Drive in front of Herbert Hoover School. Upon motion by Willmarth, second by Strain, and alli
present voting in favor, the City Clerk was instructed to open the one bid. The bid of H & HI
Electric Company in the amount of $8,940.00 (city engineer's estimate was $9,440) was
received and upon motion by Larson, second by Strain, and all present voting in favor, the
bid was accepted.
The following bids were received for grading, surfacing, sanitary sewer and
watermain construction on 20th Street N. W. from 21st Street N. W. to the west line of
Northgate Eighth Subdivision: Riverside Sand & Gravel Company $26,938.00, Leon Joyce
Construction Co. $21,362.75 and Rochester Sand & Gravel $22,363.15. A motion was made by
Willmarth, second by Mayer, that a resolution be adopted accepting the low bid of Leon Joyce
Construction Company in the amount of $21,362.75; all present voted in favor.
Resolution authorizing Mayor and City Clerk to execute release and indemnifying
agreement between City, Fluor Products Co., Inc. and Federal Insurance Company (Public
Utility). Upon motion by Mayer, second by Kamper, and all present voting in favor, resolut
adopted.
Resolution authorizing Mayor and City Clerk to execute release and indemnifying
agreement dated 12-22-70 between City, Fegles-Power Service, Inc. and the Travelers Indemnity
Co. Upon motion by Kamper, second by Larsnn, and all present voting in favor, resolution
adopted.
Resolution authorizing Mayor and City Clerk to sign change order documents -
public utility contract with Fuel Economy Engineering Company (deduct $526.13). Upon motion
by Mayer, second by Willmarth, and all present voting in favor, resolution adopted.
Resolution amending the Land Use Plan as follows:
1. Designate the old hog farm area sround Longfellow School as a
community park site.
2. Designate the area in the S.W. corner of U.S. 14-52 to the proposed
extension of 16th Street as a commercial area.
3. Designate the area from the west side of U.S. 52 (Marion Road to Bear
Creek Park from proposed 16th Street S.E. to Longfellow School) as a
medium density residential area.
4. Designate the area along the south side of U.S. 52 (Marion Road) from
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., 'July 19, *1971 •
the proposed Armory site south to 20th Street S. E.'as a medium density
area.
5. Designate the area around Longfellow School on the west side of U.S. 52
as the Longfellow planning area.
motion by Larson, second by Mayer, and all present voting in favor, resolution adopted.
Resolution rescinding resolution adopted October 20, 1952 creating the Mayor's
ity Parking and Traffic Commission. Upon motion by Kamper, second by Mayer, and all present
ting in favor, resolution adopted.
Resolution objecting yo National Weather.Service replacing Radar Equipment at
chester Weather Service Station. Upon motion by Willmarth, second by Larson, and all present
ting in favor, resolution adopted.
Resolution cancelling appropriations of completed local improvement accounts. Upon
tion by Strain, second by Mayer, and all present voting in favor, resolution adopted.
Resolution authorizing Mayor and City Clerk to execute release and indemnifying
greement dated 6-2-71 between City, Fuel Economy Engineering Company and Federal Insurance Co.
pon motion by Willmarth, second by Kamper, and all present voting in favor, resolution adopted.
Resolution granting variance at 402 18th Avenue S.W. (Lot 9, Block 1, Mohn &
ge Replat of Thurber's Third Subdivision). Upon motion by Willmarth, second by Mayer, and
11 present voting in favor, resolution adopted.
Resolution supporting legislation that will enact into law the concept of general
federal revenue sharing with Cities and other local governmental units. Upon motion by Willmarth,
second byKamper, and all present voting in favor, resolution adopted.
Resolution approving bus routes, schedules and stops for City of Rochester as
proposed by Rochester City Lines, Co. and rescinding previous resolutions covering same. Upon
motion by Strain, second by Mayer, and all present voting in favor, resolution adopted.
Resolution approving the resolution of the Public Utility Department establishing
rates for water, electricity, street lighting and steam heat and this resolution removes the
discount provision and goes into effect on September 1, 1971 A motion was made by Larson,
second by Strain, that the resolution be approved. Upon motion by Strain, second by Willmarth,
this resolution was tabled until August 2, 1971 and referred to the Finance Committee; all
present voted in favor.
Resolution authorizing Mayor and City Clerk to sign agreement for easement
between Emma Geselle, David Geselle, Donna Geselle, Lyndon C. Geselle and Margaret L. Geselle
and the City of Rochester providing for vacation of a portion of 3rd Avenue N.W. and the removal
of the bituminous surface thereof by the City. Upon motion by Willmarth, second by Strain, and
all present voting in favor, resolution adopted.
Resolution approving "Rochester -Olmsted Council of Governmenta Agreement" and
directing Mayor and City Clerk to execute said agreement. Upon motion by.Mayer, second by
illmarth, and all present voting in favor, resolution adopted.
Resolution authorizing and directing Mayor and City Clerk to execute Cooperative
eement between City of Rochester and Minnesota Highway Department for construction of chain
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link fencing along Median of T.H. 52 and payment of 37.5'/ of the costs therefor, plus
engineering costs by City. Upon motion by Larson, second by Mayer, and all present voting in
favor, resolution adopted.
Resolution approving report of Commissioners on 9th Street S. E. and authorizing
the payment of $3,500 to Chicago and North Western Railway Company. Upon motion by Mayer,
second by Willmarth, and all present voting in favor, resolution adopted.
An Ordinance rezoning certain property and amending the Zoning Ordinance of the
City of Rochester, Minnesota (rezoning property at 521 2nd St. N.W. from R-2 to R-3 District)
was given its first reading.
An Ordinance annexing to the City of Rochester, Minnesota, certain unplatted land)
not exceeding 200 acres in area, all being in the Northwest Quarter of the Northwest Quarter
of Section 7, Township 106 North, Range 13 West, Olmsted County, Minnesota (Gateway Sudiyts
Mayo Properties) was given its first reading.
An Ordinance rezoning certain property and amending the Zoning Ordinance of the
City of Rochester, Minnesota (rezoning S. W. corner of 5th Street and llth Avenue N. W. from
R-3 to Blb) was given its second reading. A motion was made by Willmarth,'second by Mayer,
that the said ordinance be adopted as read and all present voting in favor, President Postier
declared the said ordinance duly passed and adopted.
An Ordinance rezoning certain property and amending the Zoning Ordinance of the -
City of Rochester, Minnesota (property lying between C.S.A.H. No: 8 and the Zumbro River -
Baihly Property from R-1 to R-3) was given its second reading. A motion was made by Willmarth
second by Mayer, that the said ordinance be adopted as read and all present voting in favor,
President Postier declared the said ordinance duly passed and adopted.
An Ordinance amending the Zoning Ordinance by renumbering the present Section
30.016 as 30.017 and the present Section 30.017 as 30.018 and adding a new Section 30.016 and
32.005 to read as follows; was given its second reading:.
1130.U16 -Small Animal*Hospitals, Veterinary Clinics, Etc.:
B-la None
B-lb Small animal hospitals, veterinary clinics, housing or boarding
of pets provided that all animals are kept within a completely
enclosed building.
32.005 Animal Hospitals, Veterinary Clinics, Etc.: Same as Paragraph 30.016
and animal hospitals, kennels, display and housing or boarding of
pets and 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."
A motion was made by Strain, second by Larson, that the said ordinance be adopted as read and
all present voting in favor, President Postier declared the said ordinance duly passed and
adopted.
An Ordinance amending the Zoning Ordinance by renumbering the present Section
21.023 as 21.024 and adding a new Section 21.023 to read as follows, was given its second
reading:
"21.023 Roomers. The keeping of not more than two permanent or transient
roomers or boarders in the structure".
Section 41.08 pertaining to the required number of off-street
parking spaces is amended in part by striking the following
language:
0
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., July 19, -1971
Use Number of Off -Street Parking
Spaces Required
Dwellings 1 for each family or dwelling unit
and inserting in lieu thereof the following:
Dwellings' 1 for each family dwelling unit, or
permanent or transient roomer or
boarder in the structure
A motion was made by Mayer,`second by Strain, that the said ordinance be adopted as read and
all present voting in'favor, President Postier declared the said ordinance duly passed and
adopted.
Upon motion'by Willmarth, second by Mayer, and all present voting in favor,
the meeting was adjourned. •
C Ci - Clerk
INFORMATION 7-19-71
1. Minutes of the Standing Committees 7-12-71
2. Claim of Damage - Margaret Healy of 11 8th Ave. S.E. (referred to Insurance, Park
Department and Attorney)
3. Claim of Damage - E. A. Danewick (referred to Insurance, Engineer and Attorney)
4. Claim of Damage - Mildred Lien of 1511 1st Ave. N.E. (referred to Attorney, Engineer and
Insurance)
5. Claim of Damage - Duane J. Blahsa of 2625 13th Ave. N.W. (referred to Engineer, Attorney
and Insurance)
6. Municipal Court Financial Report for June, 1971
7. Utter from George C. Holter to School District No. 535
8. Letter from P.C.A. re Airport Sewer System
9. Letter from Lura K. Hand etal re complaints about 1201 and 1211 1st St. S.W. (referred to
Building and Safety)
10. An agreement was received from the MHD relative to the City's participation in median
fencing along T.H. 52 from 19th St. N.W. to 37th St. N.W. (referred to
Attorney and Engineer)
11. Referred to Planning and Zoning:
a.- application for conveyance of unplatted lands by metes and bounds (Apache Mall)
b. application for variance - Dr. Sharbrough (814 8th A e. S.W.)
c. application to vary the parking requirements at 205 YOth St. S. E. (Mr. H. Helleck)
d. application to vary side yard requirements at 318-7th Ave. N.W. (Charles G. Ludowese)
e. application for approval of General Development Plan Revision to Peck's Hills
General Development Plan (Carlton Penz)
f. petition to vacate the utility easement along the rear lot line of Lots 5,6,7,8 and
9, Block 3, Peck's Hills 3rd Subdivision (Carlton Penz) •
g. application to display and sell mobile homes at 2203 North Broadway (Willard Lampman)
h. letter from Schmidt Volkswagen, Inc. and petition for rezoning a portion of
Allendale Subdivision.
•