HomeMy WebLinkAbout08-16-1971Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., August: 16, 1971
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Minutes of an adjourned regular meeting of the Common Council of the City
of Rochester, Minnesota, held in the Council Chambers in the,City Hall, in said City,.
on August 16, 1971.
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President Postier called the meeting to order at 7:30 o'clock P. M., thee!
following members being present: President Postier, Aldermen Kamper, Mayer, McNary,
Strain, Willmarth. Absent: Alderman parson.
Upon motion by Mayer,.second_by Strain, and all present voting in favor,
the minutes of the meeting of August„2, 1971 were approved.
Hearing_on application -to allow an addition to be built onto the rear
of an existing single family dwelling located at 3935 5th Street N. W. The recommend-
ation of the Planning & Zoning Commission was for approval, the proposed addition
encroaches 2.0 feet into the established rear yard and this will not be detrimental to
any adjoining property, there still remains adequate open space in the rear yard. Mr.
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Clayton Sanders, the petitioner, was present and urged approval of the variance. There',
was no one else present wishing to be heard. President Postier declared the hearing
officially closed. Upon motion by.Mayer, second by Kamper, and all present voting in.
favor, the recommendation was approved and the City Attorney was instructed to prepare
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a resolution granting the variance. j
Hearing on application to vary the 50 foot distance requirement for a
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garage adjoining an R-District at 1833 2nd Street S. W. The recommendation of ,the
Planning Zoning Commission was for approval; the property adjoins R-1 in the rear but
is separated from it by an unimproved alley, the lots to the rear are vacant at this
time and are owned by the applicant and the construction of a repair and servicing
garage in this area would not be detrimental to the surrounding area. Mr..Perry Miller,
of Miller's Toyota was present and urged approval of his application. There was no onef
else present wishing to be heard. President.Postier declared the hearing officially
closed. Upon motion by Strain, second by Willmarth, and all .present voting in favor, a
the recommendation was approved and the City Attorney was instructed to prepare a
resolution granting the variance.
Hearing on application to vary the 35% buildable coverage of a rear yard
to build a garage on property located at 318 7th Avenue N. W. The recommendation of
the Planning and Zoning Commission recommending approval and stating that this lot is
only 52 feet in depth and,it already has a residence and detached garage located on itJ
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the existing residence is located in a substantial part of the rear yard and already
exceeds the maximum 35% coverage, so there is no other way a garage can be constructed
on this property. Mr. Charles Ludowese,_ the petitioner, was present and urged approval'
of this application. There was. no one else present wishing to be heard. President
Postier declared the hearing officially closed. Upon motion by McNary, second by Kam
and all present voting in favor, the recommendation was approved and the Attorney was
instructed to prepare a resolution granting the variance.
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Record of Official Proceedings of the Common Council
of the City of Rochester,. Minn., August 16, 1971
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Hearing on application for a front -yard variance on property located at 832
Sierra Lane N. E. The recommendation of the -Planning and Zoning Commission, that this front
yard encroachment is necessary in order to provide for an enclosed stairway -leading to the
proposed -second -story to be built over the garage, the encroachment -is only a matter of 2.0 ft.
and there will still be adequate front yard space remaining and there will be no adverse effect
to adjoining properties, so they recommend approval. There was,no one -present wishing to be
heard. President Postier declared the hearing officially closed. Upon motion by Kamper, second
,�by Willmarth, and all present voting in favor, the recommendation was approved and the City
Attorney was instructed to prepare a resolution granting -the variance.
Hearing on application to vary the 6.O-foot requirement for a roof sign at Northgate
'Shopping Center. The recommendation of the Planning and Zoning Commission was for approval.
'There was no one present wishing to be heard. President Postier declared -the hearing officially
,;closed. Upon motion by Strain, second by Mayer, and all present voting in favor, the recommend-
'ration was approved and the City Attorney was instructed to prepare a resolution granting the
variance.
Hearing on application to vary the minimum lot area of 5,500 square feet as it
!!applies to property located at 315 6th Avenue N. W. Recommendation of Planning and Zoning
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,,Commission stating that there are other substandard -lots-in the area and as such there will not
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be any adverse effect from this variance and therefore, recommending that this variance be
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granted. Mr. John Swenson of 610 -• 4th Street N.-W. was present and said he wanted to build a
f�fIgarage to the south of his present home and have it detached from his house, this necessitates
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'!buying a parcel of stand from Mr. Marian Zick who lives to the south: The Planning Department
11showed.that Mr. Zick's lot presently meets all requirements of the Zoning Ordinance but if he
:sold 1,000 square .feet this would make his lot a substandard lot and he could not build or
(remodel without permission from -the Council. Mr. Marian Zick was present and -said he was aware
of this. There -was no one else present wishing to be heard. President-Postier declared the
Chearing officially closed. Upon motion by -Mayer, second by Strain, and all present voting in
!!favor, the recommendation was accepted and the City Attorney was instructed to prepare the
necessary resolution.
Hearing -on Amendment to the Thoroughfare plan changing the right-of-way width
'from 100 feet to 180 feet on H. W. 52 South -(Marion Road S.E.).President Postier said that this
was a thoroughfare plan and there were no plans for constructing a new road at this time, this
was just for the purpose of protecting the right -of-way plan. Mr. -Don Steiner, Attorney
representing Mayo Association, Mr. John Pervin, Mr. James Mitchell, Mr. Robert Richards, Mr.
Ken Spornitz were all present and opposed the 180 foot-r-o-w. Jack Dolan, Traffic Engineer,
presented drawings of the area showing both a 180 foot r-o-w and a 120•foot r-o-w. There was
nb one else present wishing to be heard. President,Postier declared the hearing officially
closed. A motion was made by Willmarth,.second by McNary, to approve the 120 foot r-o-w and
the City Attorney was instructed to prepare the necessary resolution.
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Record of Official Proceedings of the' Common Council 165
of the City of Rochester, Minn., August 16, 1971
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Hearing on 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). There was no
one present wishing to be heard. President Postier declared the hearing officially closed:
A motion was made by Willmarth, second by Strain, to proceed and a resolution be adopted
ordering the improvement to be made.and designating the City Engineer as engineer for the
present
project; all/voted in favor.
Hearing on construction of sanitary sewer and watermain from T. H. No. 52 S, W.
to Green Meadows First Subdivision. There was no one -present wishiing to be -heard.
President Postier declared the hearing officially closed. A motion was made by Willmarth,
second by Kamper, to proceed and a resolution be adopted ordering the improvement to be
present,
made and designating the City Engineer as engineer for the project; all/voted in favor.
. Hearing on.proposed assessments for sanitary sewer extension in 3rd Avenue S.E.
from 12th.to 13th Street S. E. There was no one present wishing to be heard. President
Postier declared the hearing officially closed. Upon motion by Willmarth, second by Strain
and all present voting in favor, a resolution was adopted levying the special assessments.
Mr. George Holter of Rochester City Lines presented some route changes and
additions whichare necessary to -accomplish transportation of students to Mayo High School,
John Marshall High School and Central Junior High School, the purpose of coordinating this
student transportation with -the transit lines -is -to offset the loss in revenue on the
transit lines which would result from the loss of that portion of the students who former
paid their fares to and from school, which students will.be furnished transportation by t
School District on a contract basis; he said very little change"in schedule will take pla
as indicated in the ,exhibits, the.schedule fo; the new route in Northern.Heights will be
prepared later this month; the route to Country Club Manor would be discontinued as no
school children will be using this service. A motion was made by Willmarth, second by
Mayer, his request was,approved subject to the City Attorney approving his.routes; all ,
i�present voted in favor.
Upon motion by Willmarth, second by Mayer, and all present voting in favor, the!
applications of Craig Nelson to hold a dance at the National Guard Armory on August 13,1971j
and Milton F. Bond to hold a dance at the National Guard Armory on August 20, 1971 were ++
approved and the City Clerk was instructed to issue the licenses.
Recommendation of City Engineer that a contract be approved with George A.
Bailey to install streets, sewer and water in Green Meadows First Subdivision at his.expenE
Upon motion by Strain, second by Mayer, and all present voting in favor,- the recommendations
was approved and the City Attorney was instructed to prepare. the necessary resolution.
Recommendation of City Engineer submitting proposed assessment roll for street
construction and surfacing, sanitary sewer, storm sewer, sub. surface drains, water main and
service connections stubbed into boulevards in 16k Street S.E., 8k Avenue S.E. and portions,
'f of 8th Avenue S. E. and 9th Avenue S. E. in Meadow Park 7th, the total project cost is �
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., Augusg 16, 1971
$213,919.41 of which $210,849.74 is to be assessed. Upon motion by Willmarth, second by
Kamper, and all present voting in favor,.two resolutions were adopted (a) resolution declaring
cost to be assessed and ordering preparation of proposed assessment and (b) resolution ordering
a hearing on the proposed assessment.
Upon motion by Kamper, second by Willmarth, and all present voting in favor, the
City Attorney was instructed to prepare a resolution deleting or amending Section B of the
r-Parking Resolution as follows; except that item #2 be deleted:
1. Delete Subsection 27.5 which reads as follows: First Street
Northwest and Northeast on both sides of the street from 4th
Avenue Northwest to 1st Avenue Northwest between the hours of
2 a.m. and 6 a.m.
2. Beiete-Subseetion-68:5-whieh-reads-as-€oliews---Seeend-Street
Southwest-on-bath-sides-of-the-street-€rem-filth-Avenue--Sentkwest
• to-l7th-Avenue-Southwest-between-the-hours-a€-2-a:m:-and-6-a:m:
3. Amend Subsection 42 to read as follows: First Avenue S. W. and N. W.
on both sides of the street from YMCA Building to 2nd Street N.W.
between the hours of 2 a.m. and 6 a.m.
Note: It now reads "from.WCA Building to 4th St. N.W."
4. Amend Subsection 52 to read as follows: Second Street S.E. and S.W. on
both sides of the street from 5th Avenue S.W.. to.2nd Avenue S.W.
between the hours of 2.a.m. and 6 a.m.
Note: It now -reads. -."from 6th Avenue.S.W. to 2nd Avenue S.W."
5. Amend Subsection 131.6 to read as follows: Sixth Street S.W. on both
sides of the street from 2nd Avenue S.W..to Broadway between the
hours 2 a.m. and 6;a.m.
Note: It now reads "from.4th Avenue-S.W. to Broadway"
Tabulation of bids on the following sidewalk projects:
Doyle E. J. E. J.
Phil Ryan B. DeWitz Conner Mahoney Vonch
1.
Sidewalk
on north side of
38th
Street
N.W. from 18th to
19th
Ave. N.W.
2.
Sidewalk
on both sides of
26th
Street
N.W. from 14th to
15th
Avenue
N. W. -
6,362.20
3.
Sidewalk
on south side of
29th
Street
N.W. from 12th to
15th
Ave. N.
W.
5,357.80
4.
Sidewalk
on north side of
38th
Street
N.W. from 18th to
19th
Ave. N.
W.
3,881.60
5.
Sidewalk
on south side of
loth
2,565.14 1,839.72* 2,575.24
6,519.80 5;231.25* 6,600.66 5,414.90
5,293.90 4,248.79* 5,306.68 4,568.38
. 3,978.40 3,187.74* 4,030.68
Street S. E. from 15th Ave
to 458.52 feet west (Welles) 3,947.00 32117.00* 4,029.00
A motion was made by Willmarth, second by Strain, that the low bid on the five projects be
accepted and five resolutions accepting the bid of Doyle Conner were adopted; all present voted
in favor.
Tabulation of bids on the following projects:
Doyle
E. J. E. J.
Phil Ryan
B. DeWitz
Conner
Mahoney Vonch
1.
Sidewalk Replacement
Project
#1-5E-71
27,605.97
27,081.00*
27,081.33
2.
Sidewalk Replacement
Project
# 2-SE-71
6,718.00*
7,018.00
6,718.00
3.
Sidewalk Replacement
Project
# 3-SE-71
4,661.80
4,600.00*
5,663.39
4.
Sidewalk Replacement
Project
#4-SE-71
4,653.25
4,612.35
4,551.00*
5.
Sidewalk Replacement
Project
#5-SE-71
15,143.50
14,986.34
14,707.50*
A motion was made by Willmarth, second
by Mayer,
that the low bid
on projects #1,3,4 and 5 be
accepted and resolutions
accepting the
bid of the
low bidder Doyle
Conner were adopted; all
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Record of Official Proceedings of 'the Common Council
of the City of Rochester, Minn., August 16, -1971
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present voted in favor. _Project # 2 had tie bids so a coin was tossed and Phil Ryan won the
toss of the coin; a motion was then made by Mayer, second by Kamper,.that the bid of.Phil.
Ryan be accepted and a.resolution be adopted accepting the bid; all present voted in favor.
(these bids were reconsidered and rejected at a special meeting held on August 18, 1971)..
Tabulation.of bids on the following projects: .11
Riverside. Fraser Littrup
Sand& Gravel Company Nielson
1. sanitary sewer and
watermain from T.H..
52 SW to Green Meadows
First Sub. 24,531.00 19,920.25*1 22,394.50
2. Street construction,
sewer,.watermains and
sewer connections in
Northwood 3rd Sub. 2;7,d.:99.QC 24,564.15* 25,845.90:-
3. ' Grading, surfacing,
storm sewer and water
main in 40th St. N.W.
from llth Avenue to
660 feet east of west
.line of Sec.23-106:14 64,530.05* 65,656.85
4. Phase II of extension of 9th
St. S.E. from 3rd Ave. S.E..
to South Broadway with
necessary utilities 42,889.05*
5. Rochester Municipal
Airport Lagoon 131;570.17*
Leon Joyce Rochester_ _ Sulli
Construction Sand & Gravel Const
46,304.95 44,317.95 43,942.0
146,752.0
A motion was made by Strain, second by Kamper, that.the.low bid of Fraser Company in the
amount of $19,920.25 for improvements in.Green Meadows First Subdivision.be accepted and a
resolution be.adopted accepting the said bid; all present..voted in favor.
A motion was made by McNary,.second by Strain, that.the low bid of Riverside.
Sand & Gr`avel Company in the amount of $64,530.05 be accepted for.improvements in 40th Street
N. W. and a resolution be adopted accepting the said bid; all present voted in favor.
The City Attorney recommended that the contract awarding.for Phase II of
extension of.9th Street S. E..from 3rd.Ave. S. E. to South Broadway with necessary utilities
be deferred because of.the litigation presently before.the Federal District Court on this
matter. A motion was made.by Kamper,.second by Willmarth, that action on.awarding of this
bid be deferred until a decision is reached in.Federal Court; all.present voted in favor.
The City Engineer reported that the bids for construction in Northwood 3rd
should be submitted to.Dr. J.-E. Maldonado before approval is given and there is also a proble
on.assessments that should be settled before the work is contracted; he said there were
several alternative actions the Committee might take on the assessments (1).assess the 6 lots
in Northwood 3rd the $3,405.32 as proposed when the Kellogg Hills project was assessed (2)
assess the 6 lots in Northwood 3rd for the sanitary sewer amount.onlyand omit the storm sewer
assessment or.(3).do not assess either the sanitary sewer or storm sewer.costs to Northwood
3rd lots, he.recommended alternate # 2. Dr. Maldonado.was present and said that it was his
understanding that he would.not be assessed for.any part of this sewer. A motion was. made by
Willmarth, second by McNary, that Northwood 3rd be assessed for the sanitary sewer in the
amount.of $1,510.00 and the assessment for storm sewer in the amount of $1,895.46 be forgiven;
present
all/voted in favor. A motion was then made by McNary, second by Mayer, that action on
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acceptance of the bids be deferred for 30 days; all present voted in favor.
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Record of. Official Proceedings of the Common Council
of. the City of Rochester, Minn., August 16, 1971 i
Tabulation of bids for Airport Treatment Facilities at the Rochester Municipal
Airport. The bids of Riverside Sand & Gravel in the amount of $131,570.17 and Sullivan
Construction $146,752.17 were each received and opened. Mr. Andre, City Administrator, said
Mr. -William Pobelete, Heath Engineer had requested that the Council meet -with the Public
Health & Welfare Board on this matter.. A motion was made by Strain, second by Kamper, that
these bids be tabled for 30 days; all present voted in favor.
Upon motion by McNary, second by Willmarth, and all present voting in favor, a
resolution was adopted authorizing the City Clerk to advertise for bids -for one self-propelled
pneumatic roller for the Street and Alley Department..
A motion was made by McNary, second by Kamper, and passed unanimously, that the
semi-monthly bills, list attached, in the amount of $325,360.11 be approved.
Resolution approving application to display and sell mobile and modular homes at
2203 North Broadway, subject to the condition that suitable screening to be approved by the
Planning Department be established along the north and south boundaries of said premises. Upon
motion by Strain, second by Mayer, and all present voting in favors resolution adopted.
-Resolution granting rear yard variance at 814 8th Avenue S. W. (North 52ft of the
West.one-half of the Block 5, Williams Healy & Cornforth's Addition). Upon motion by Kamper,
second by Mayer, and all present voting in favor, resolution adopted.
Resolution commending the Rochester Police Reserve and each of -its members for
their excellent service and personal dedication in assisting the Rochester Police Department
in providing police protection to the City of Rochester. Upon motion by Strain, second by
Kamper, and allpresent voting in favor, resolution adopted.
Resolution authorizing Mayor and City Clerk to execute a contract with George
A. Baihley for street grading and surfacing, sanitary sewer, storm sewer, watermain and service
connections stubbed into boulevard in Green -Meadows First Subdivision. Upon --motion by Mayer,
second by Kamper, and all present voting in favor, resolution"adopted.
Resolution authorizing Mayor and City Clerk to sign Planning Assistance Agreement
between the.City of Rochester and Nason, Wehrman, Chapman Associates, Inc. Upon motion by.
Willmarth, second by Kamper, and all present -voting in favor, resolution adopted.
Resolution approving.resolution adopted by the Public Utility Board authorizing
said Board to enter into•a contract with Agneberg Division of Kirkham Michael for furnishing
engineering services in the study of the water department distribution system, the amount of
the contract not to.exceed $12,000.00. Upon motion by Mayer, second by Strain, and all present
voting in favor,.resolution.adopted.
Resolution establishing rates for.water, electricity, street lighting and steam
heat services effective September 1, 1971 which was adopted by the -Public Utility Board on
July 13, 1971 and tabled by the. -Common Council -on August 2, 1971. Mayor Day said he had
requested that this be held"but now he had received a lengthy report from the Finance Director
and after studying this he recommended that the Council approve doing away with the discount,
mainly because of the .cost of fuelincreasing and felt we should back the -Public Utility Dept.
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., August 16, 1971
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A motion was made by Strain, second by McNary, that a resolution be adopted approving
the resolution adopted by the Public Utility Department, subject to the affect of the
Presidents order; all present voted in.favor.
Resolution authorizing Mayor and. City Clerk to sign agreement between the
Commissioner of taxation,.State of Minnesota and -the City of Rochester for the collection
of the City Hotel -Motel Tax. Upon motion by Wititharth, second by Kamper, and all present
voting in favor, resolution adopted..
Ordinance relating to a Tax on Hotel, Motel, and other lodgings -and related
services; amending Rochester Code of Ordinances,. Chapter 215 as enacted by Ordinance No.
1600 by amending Sections 215.08, 215.09, 215.10 and 215.16 and adding Sections 215.17,
215.18 and 215.19, was given its first reading. Upon motion by McNary, second by Willma
and upon on roll call and all present voting in favor, the rules were suspended and the
ordinance was given its second reading. A motion was then made by Strain, second by
Willmarth, that the said ordinance be adopted as read and all present voting in favor,
President Postier declared the said ordinance duly passed and adopted.
Ordinance relating to intoxicating liquors and applications for licenses;
amending Rochester Code of Ordinances Section 160.160 as amended by Ordinance No'... 1582, as
follows, was given its first reading:
(B) Each applicant for a new on sale or off sale license shall pay an
initial non-refundable investigation fee as follows:
(1) Individuals: $200.00
(2) Partnerships: $300.00
(3) Corporations: $500.00
If an applicant is not issued a license in the year in which the
application is made, the application may be resubmitted each year
for two successive years by payment of an additional investigation
fee of $50.00 for each year that the, applicaion is resubmitted.
An Ordinance annexing to the City of Rochester, Minnesota, certain unplattea
land -not exceeding 200 acres*in'area, all being in the Northwest Quarter of Section 7,
Township 106 North, Range 13 West, Olmsted County, Minnesota,(Gateway Subdivision -Mayo
Foundation) was given its second reading. A motion was made by Willmarth, second by Mayer,
except Alderman McNary who abstained, ----------
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 (changing South 33 feet, Nest 93 2/3 feet of Lot 11 and West
93 2/3 feet of Lot 12, Block 8, Cummings Addition to R-3 Multi -Family Residence District -
Medium Density) wa6 given its second reading. A motion was made by Strain, second by
Willmarth, that the said ordinance be -adopted as read and all present voting in favor,
President Postier declared the said ordinance duly passed and adopted.
A motion was made by Kamper, second by Strain, that the City Attorney be
instructed to prepare a resolution expressing support of the underground wiring as proposed
by the Public Utility Board; all present voted in favor.
Gerald Swanson, City Attorney, reported that after the hearing on the motion
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Record of Official Proceedings of the`Common Council
of. the .City of .Rochester, Minn., August 16, 1971
today before Judge Devitt, the counsel for.the Railway Company -asked that he again -submit
to the City Council his proposal for settling the.issue of the 9.th Street S..E. grade crossing
and his proposal is essentially what her has.said.in"the past, except that he has added the
statement that if there is any doubt.as to the railroads making the relocation of the property
they will agree to settle if the. City will -agree to -pay for relocation if and when the
relocation is completed.
Mr. Gerald Swanson, City Attorney, also informed the.Council that there was a
trial tomorrow on the appeal in the Dickman case for the zoning matter that was heard some
time ago,.the case is before Judge Olson.
Upon motion by Strain, second by Willmarth, and.all'.present voting in favor, -the
meeting was adjourned..
City Clerk
INFORMATION 8/16/71
1. Minutes of the Standing Committees 8/.9/71
2. Municipal Court Financi-1 Report - July, 1971
3. Claim for Damages - William 0. Austin of.930 - 13� St. S.E. (referred to Attorney,
Insurance and City Engineer)
4. Claim of Injury of Donna Cords of 1866 19th St. N.W. (referred to Attorney, Insurance
and Park Department)
5. A public hearing will be held in the Olmsted Cou my Court House on 9/16/71 at 9:30
a.m. on the Chicago and North Western'R.R. request to review and rearrange
agency service to the Minnesota stations-
6. Acknowledgement of -receipt of Council's resolution supporting general revenue
sharing have been received from Senator Mondale and Representatives Fraser,.
Quie and Bergland
7. A continued hearing on the annexation to the Airport will be held on 9/23/71 at
.10:00 A. M. in the Olmsted County Courthouse
8. Referred to Planning and Zoning Commission:
a. application for conveyance of land by metes and bounds -"Apache Mall
Subdivision (Apache Fund Realty)
b. petition to rezone Lots 1-7,'Block 4 Original Plat from R-4 to B-lb
c. petition to rezone property located South of 16th St. S.E., east and
-adjacent to the C.G.W.R.R. from R-1 to R-3 (Kruse Co.)
d. application for approval of a community development project on property
located south of 16th Street S.E., east and adjacent to the C.G.W.R.R.
(Kruse Co.)
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