HomeMy WebLinkAbout09-07-1971n
u
Record of Official Proceedings of the Common Council 1-73
of the City of Rochester, Minn., September 7, 1971
1
•
1
1
is
1
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 September 7,
1971.
-Upon motion by McNary, second by Mayer, and all present voting in favor,
Alderman Robert-Willmarth was appointed as President pro tem.
President pro tem Willmarth called the meeting to -order at 2:00 o'clock P
the following members being present: Kamper, Larson, Mayer, McNary, Willmarth. Absent:
Postier and Strain.
Upon motion by Larson, second by Kamper, and all present voting in favor,
the minutes of the meetings of August 13th, 16th and 18th, 1971 were approved.
A letter of resignation signed by Robert A. Willmarth, Alderman of the
Fourth Ward was read, said resignation to be effective September 15, 1971. A motion was
made by Larson, second -by McNary, that the resignation be accepted; all present voted
in favor.
Request of John Marshall High School for permission to set off a rocket
every time the Rockets.score:=.at their home football games beginning September 3, 1971
and -also permission -to use the land fill free of charge on October 1 and 2 to dispose ofl
their homecoming floats. Upon motion by Kamper, second -by McNary, and all present voting'
in favor, the request were granted.
Request of Police Benevolent Association for a permit to hold their annual'
dance at the Mayo Civic -Auditorium on September 24, 1971.• Upon motion by Kamper, second
• by Mayer, and all present voting in favor, the permit was granted.
Request of Mayo Chapter 28, Disabled American Veterans.for authorization
to conduct streets sales of Forget -Me -Not miniatures on thestreets in the City of
Rochester on September 18 and 19, 1971. Upon motion by Mayer, -second by McNary, and
all present voting in favor, the request -was granted.
Upon motion by Larson, second by McNary, and all present voting in favor,
the City Attorney was instructed to prepare a resolution authorizing and directing the
Mayor and City Clerk to execute a lease agreement between the City of Rochester and the
U. S. Department of Commerce Weather Bureau.
Applications of (1) Paul R. King for a permit to move a garage from 728-
9th St. S. W. to Route #1 (2) Francis Doole for a permit to move a garage from 313 - 14ti
Ave. S. W. to Sandy Point (3) Extendicare Rochester, Inc. for a license to sell
cigarettes and (4) Leroy Signs, Inc. for a license to erect and maintain signs. Upon
motion by Larson, second by Kamper, and all present voting in favor, the licenses were
approved and the City Clerk instructed to issue the said licenses.
Upon motion by Larson, second by Kamper, and all present voting in favor,
the application for transfer of on sale liquor license at the Happy Warrior from Edward
Beckman to Donald Jacobson and Donald Anderson was referred to the Public Safety
91
Committee for recommendation at the September 20th meeting.
!A
i
174
Record of Official Proceedings of the *Common Council
of the City. of Rochester, Minn., September 7, 1971 .
Upon motion by -Mayer, second by Kamper, and all present voting in favor, the
following bonds were approved and the surety thereon accepted: License bond of.Leroy Signs,
Inc. in the amount of $1,000.00 with U. S. Fidelity & Guaranty Company as surety; contract
bonds of Riverside Sand & Gravel (3� in the amounts of $64,530.05, $6,780.00 and $44,896.00 with
Fidelity and Deposit Company of Maryland as surety; Fraser Company, Inc. (2) in the amounts of
.$244,163.95 and $19,920.25 with Fidelity and.Deposit Company of Maryland as surety; Leon Joyce
Construction Company in the amount of $42,077.00 with Seaboard Surety Company as surety; and
George A. Baihley in the amount of $26,100.00 with Seaboard Surety Company as surety.
Agency Agreement in which the City authorizes the State of Minnesota Highway •
Department to contract for street improvements.on 3rd Avenue S..E. from.12th Street S. E. to
16th Street S. E., to receive.and.disburse Federal Funds.in behalf of the City, the City agrees
to provide engineering services on construction, advance city's share of project cost to the
State and pay all costs not reimbursed by State and Federal Aids. Upon motion by Kamper, second
by Larson, and all present voting in favor, the City Attorney was instructed to prepare a
resolution authorizing execution of the said agreement.
Tabulation of bids for sanitary sewer.and watermain and storm sewer on East
River Road (3rd Ave. N.E. from 27th Street N. E..to 580 feet south of 24th Street N. E. were
Riverside Sand & Gravel $105,169.00, Fraser Company, Inc. $127,725.35 and Winona Plumbing
Company, Inc. $110,294.50 and City Engineer's Estimate was $118,862.00; for street grading and
surfacing, sanitary sewer, storm sewer., watermain and service connections stubbed into
boulevard on 24th Street N. E..from East River Road (3rd Ave. N.E.).to T. H. No. 63 were
Riverside Sand & Gravel $65,005.50, Fraser Company, Inc. $64,535.15 and Littrup Nielson, Inc.
$67.,711.00 and City Engineer's,Estimate_was $59,871.00. C. A. Armstrong, City Engineer,
recommended that the bids be withheld until some financial arrangements have been made for
Sehl's First Subdivision. Alderman Willmarth said he felt these projects had to be done and
would be jeopardized by holding them up, he said he felt the bids should be awarded and the
financial arrangements could be decided by the Council later. Upon motion by Larson, second
by Mayer,. and all present voting in favor, two resolutions were adopted awarding the contracts
to the two low bidders.- Riverside Sand & Gravel in the amount of $105,169.00 and Fraser Company, .
Inc. in the amount of $64,535.15.
Upon motion by Kamper, second.by.Mayer, and all present voting in favor, a
resolution was adopted ordering bids for watermain, together with the necessary easements on
the west side of T..H. 63 across Lots 7, 8, 9 and 10 in Block 3,.Golden Hill Addition.
Upon motion by McNary, second by Larson,.and all present voting in favor, a
resolution was adopted accepting and approving assignment of substituted securitie6-in lieu
of a depository bond from Olmsted County Bank & Trust Company. .
Upon motion by Larson, second by Mayer, and all present voting in favor, a
resolution was adopted accepting the bid of Hayden Murphy Equipment Company for furnishing
one self propelled pneumatic roller.
Recommendation.of Finance Department that funds in the amount of $10,500 are
Record of Official Proceedings of the "Common Council
of the City of Rochester, Minn., September 7, 1971
1.75
•
•
F�
unexpended and currently available in the Eastwood Clubhouse fund for the airconditioning
and.the parking lot; the amount of $3,810 was encumbered in the City Clerk and Registration
Accounts of the General Fund for office machines and the authorization for voting machines
could be made with the above available and $690 to be transferred from the contingency account
Upon motion by Larson, second by McNary, and all present voting in favor, authorization was
given to purchase the six voting machines and airconditioning and surface parking lot for
Eastwood Clubhouse.
Recommendation of Planning & Zoning Commission that the petition to annex the
property known as DeWitt Addition be granted approval and that it should also include the
east half of the right-of-way of U. T. T. H. 52. Upon motion by Larson,'second by Kamper,
and all present voting in favor, the recommendation was accepted and the City Attorney was
instructed to prepare an ordinance annexing the said land.
Recommendation of Planning & Zoning Commission that the proposed Land Use Plan
in the Country Club Manor Area be.approved with the amendment to designate the area in the
Northeast corner of 7th Street N. W. and proposed Circle Parkway as being best suited for
Commercial Use. Upon motion by Larson, second by Mayer, and all present voting in favor,
this matter was tabled for further study pending study of accessibility to this area for
. traffic.
Recommendation of Planning & Zoning Commission that the preliminary plat of
Toogood Meadows be approved but that provisions should be made for a walkway most nearly the
middle of the block on the -east side and in close alignment to the walkways in Graham Additi
Upon motion by Larson, second by McNary, and all present voting -in favor, the recommendation
was accepted with the matter of the walkway being deleted and the preliminary plat be
approved as submitted.
Recommendation of Public Safety Committee that a conditional permit be granted
to the Dayton Corporation to place two diagonal bicycle racks on the sidewalk along 2nd St.
S. W. west of the main �=;entrance to their store, these two racks would hold 6 bicycles each
in a diagonal position in order that they would not intrude excessively into the sidwalk
area; although the Council can permit this use to exist, the granting would be in conflict
with two ordinances (1) one ordinance prohibits -the obstruction of any sidewalk and (2) the
other ordinance prohibits the riding of bicycles on sidewalks in the downtown area. Upon
motion by McNary, second by Mayer, and all present voting in favor, their request was appro
'and the City Attorney was instructed to prepare the necessary permit.
Recommendation of Planning & Zoning Commission that the application for a
temporary use permit to allow Lots 2, 3, 4 and 5, Block 26, Lot 6, Block 25, and Lot 1,
Block 26, Northern Addition to store and rent vehicles in the B-lb zone be denied. Upon
motion by Larson, second by Mayer, and all present voting in favor, the recommendation was
accepted and the application was denied.
Upon motion by Larson, second by Mayer, and all present voting in favor, the
9
176
Record of Officidl Proceedings of the 'Common Council
.of the .City. of., Rochester, Minn., September 7, 1971
City Attorney was instructed to prepare a resolution designating the two following routes (1)
5th Street N. W. from Highway #52 to North Broadway and (2) 2nd Street_S. W. from Highway #52
to South Broadway as a part of the Federal Aid Urban System (these routes were desingated and
recommended by.the Engineer's -Department).
Resolution authorizing Mayor and City Clerk to sign supplemental agreement No. 1
between the City and State of Minnesota, Department of -Highways, modifying Agreement No. 56765,
providing for preliminary engineering and R-O-W acquisition for traffic operation improvement
projects under Topics program. Upon,motion by Kampen, second by Larson, and all present
v oting in favor, resolution adopted.
Resolution approving a resolution adopted by the Public Utility Board re purchase
order contract with Central Moloney, Inc. for transformers and authorizing Mayor and City Clerk
to execute said contract. Upon motion by McNary, second by Mayer, and all present voting in
favor, resolution adopted.
Resolution approving engineering agreement with City and McGhie & Betts for
Northgate 8th Subdivision and authorizing Mayor and City.Clerk to sign agreement. Upon motion
by Mayer, second by Kamper, and all present voting in favor, resolution adopted.
Resolution extending contract with North Star Research and Development Institute
for an additional month and authorizing Mayor and City Clerk to sign modification of agreement.
Upon motion by McNary, second by Mayer, and all present. voting in favor, resolution adopted.
Resolution granting a variance to permit erection of a roof sign without any open
space between the sign and roof.of structure at 1308 7th Street N. W. (Northgate Shopping Center,
Thomas Furniture). Upon motion by Mayer, .second by McNary, and all present voting in favor,
resolution adopted.
Resolution amending the parking resolution 'Section B, No.Parking Zones by adding
Paragraph (89.1) to read.in its entirety.as follows: ".(89.1) Third.Avenue Southeast on the
w est side of the street from a point 400 feet.more or less north of Ninth and One -Half Street
at all times." Upon motion by Kamper, second by Mayer, and all present voting in favor, .
resolution adopted..
Resolution.amending the parking resolution.Section:B, No Parking Zones by adding
Paragraphs (27.5) (42) (52) and.(131.6) to read in their.entirety as follows:
"(27.5) First Street Northwest and Northeast on both sides of the street
from First Avenue Northwest to First'Avenue Northeast between the hours of
2:00 a. m. and 6;00 a. m."
"(42) First A enue Southwest and Northwest on both sides of•the street from
YMCA Building to"Second Street N. W. between .the hours of 2:00 a?.m. and 6:00 a.m."
"(52) Second Street Southeast and Southwest on both sides of the street from
Fifth Avenue Southwest to Second Avenue Southwest between the hours of 2:00 a.m.
` and 6:00 a.m."
"(131.6) Sixth Street Southwest on both sides of the street from Second
Avenue Southwest to Broadway between the hours of 2:00 a.m. and 6:00 a.m.
Upon motion by Kamper, second by Larson, and all present voting in favor, resolution adopted.
Resolution approving resolution adopted by Public Utility Board and authorizing
Mayor and City Clerk to sign agreement (supplemental) between City and Dairyland Power
Cooperative. Upon motion by Mayer, second by McNary, and all present voting in favor, resolution
adopted. (Approved subject to the condition that the contract complies with the price freeze
order of President Nixon on August 15, 1971)
1
1
•
1
1
•
I I
1
177Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., September 7, 1971
Resolution authorizing Mayor and City Clerk to sign lease between City and U. S.
Governement of facilities at Rochester Municipal tAi:rport to be used as a Weather Service
Office. Upon motion by Kamper, second by Mayer, and all present voting in favor, resolution
m
adopted.
Resolution accepting easement for sidewalk and watermain puposes on Lot 9,
Block* 3, Golden Hill Addition. Upon motion by Kamper, second by Mayer, and all present
voting in favor, resolution adopted.
Resolution accepting easement for sidewalk and watermain purposes'across Bemel
property at 16th Street and Highway 63 South. Upon motion by Mayer, second by Larson, and
all present voting in favor, resolution adopted.
Resolution approving agreement between City and Minnesota Commissioner of
Highways for construction of improvements on 3rd Avenue S. E. from 12th Street S. E. to 16t
Street S. E: identified as S.A.P. 59-109-04 Minn. T. 5201(003). 'Upon motion by Mayer,
second by Kamper,'and all present voting in favor, resolution adopted.
An Ordinance rezoning certain property and amending the Zoning'Ordinance
(changing Lots 2; 3, 4 and that part of Lots 8, 9 and 10 lying west of T. H. 63, all in
Block 3, Golden Hill Addition to B-3 District) was given its first reading.
An Ordinance relating to traffic regulations; driving under the influence of
alcohol or drugs; and'creating a new classification•of offenses punishable by fine only
termed petty misdemeanors; amending Rochester Code of Ordinances, Sections 1.100, 140.020,
140.100, 140.200, 140.360, 140.050(b) (2), 140.810, 141.010, 141.020, 141.100,141.220
and adding a'nev Section 140.011, was given its first reading.
An Ordinance amending the Zoning Ordinance, rezoning parcel of land on West
side of-U. S 52 South (Marion Road S.E.) Proposed Gateway Subdivision from R-1 District to
B-lb District, was given its second reading. A motion was made by Larson, second by Mayer,
that the said ordinance be adopted as read and all present voting in favor, President pro
tem Willmarth declared the said ordinance duly passed and adopted.
2nd An Ordinance amending the Zoning Ordinance, rezoning property known as Rocky
Creek/Subdivision from the R-1 to R-3 District, was given its second reading. A motion was
made by Larson, second by Kamper, that the said ordinance be adopted as read and all present
voting in favor, President pro'tem Willmarth declared the said ordinance duly passed and
adopted.
'An Ordinance amending the Zoning Ordinance, rezoning east side of llth Avenue
N. W. between-Bachman's Greenhouse to loth Street N. W. from R-1 District to B-3 District,
was given its second reading.- A motion wag made by McNary, second by Kamper, that the said
ordinance be adopted as read and all present voting in favor, President pro tem Willmarth
declared the said ordinance duly passed and adopted.
Upon motion by McNary, second -by -Mayer, and all present voting in favor, the
meeting was adjourned until 7:30 o'clock P. M.
•
I -A
F1 78
Record of Official Proceedings of the Common Council
of. the City of. Rochester, Minn., September 7, 1971
The meeting was. called to order again at 7:30 o'clock P..M., the following members
being present: President Postier, Aldermen Kamper, Larson, Mayer,.McNary, Willmarth. Absent:
Alderman Strain.
Hearing to consider the Commissioner's report on the assessment of damages on the
condemnation of what is commonly known as the Gore property; the Commissioner's award was for
Parcel #1 - $3,500.00, for Parcel #2 - $31,825.00 (parcel #1 contained approximately .68 acres
and parcel # 2 contained approximately 10.45 acres) and the costs of the Commissioner's at
$350.00 each. 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, to accept the
report of the Commissioner's; all present voted in favor.
Hearing on proposed assessment for street surfacing and construction, sanitary
sewer, storm sewer, sub -surface drains, watermain and service connections stubbed into
boulevards in 16� Street S. E., 8� Avenue S. E. and portions of 8th Avenue S. E. and 9th
Avenue S..E. in Meadow Park 7th; the total cost ofthe project is $213,919.41 of which the City
will pay $3,069.67. There was no one present wishing to be heard. President Postier declared
the hearing officially closed. Upon motion by Kamper, second by McNary, and all present voting
in favor, a resolution was adopted adopting the assessment roll.
Hearing on Council initiated zone change on property located between Valleyhigh
Drive N. W. and the Chicago Great Western Railroad from 15th Street N. W. to 19th Street N. W.
from the R-1 District to the M-1 District. A letter signed by T.-F. Clikeman of 2038 - 16�
Street N. W.'and K. Thamert of 2042 Valleyhigh Drive was presented in opposition. Mr. Kenneth
Thamert of 2042 Valleyhigh Drive and Mr. George Dewey of 1771 25th Avenue N. W. were each
present and heard in opposition. Mr. Walter Benike of 2329 16th Avenue N. W. was present and
urged approval of the zone change. There was no one else present wishing to be heard.
President Postier declared the hearing officially closed. The matter of whether the petition
previously presented was valid or not was brought up and Mr. Thamert was told that the petition
previously presented was on a different subject so they should have presented a new petition
at this meeting. A motion was then made by Larson, second by McNary, to reopen the hearing and
all present voted in favor. A motion was then made by Larson, second by McNary, that the
hearing be continued until September 20, 1971 at 7:30 o'clock P. M. (this would give the
opposition time to present a new petition if they so desired).
Hearing on Planning Commission initiated change of zoning districting on property
located at 3935 Highway 14 East from the R-1 District to the M=1 District (R.E.A.) There was no
one present wishing to be heard. President Postier declared the hearing officially closed. A
motion was made by Willmarth, second by McNary, to proceed with the zone change and instructing
the City Attorney to prepare an ordinance making the requested zone change.
Hearing on the application to vary the setback requirements from the alley right-of-
way for a garage on the property located at 112 12th.Street N. W. There was no one present
wishing to be heard. President Postier declared the hearing officially closed. A motion was then
1
•
I I
1
•
1
•
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., September 7, 1971
MOM
PAKJOLU
17
1
made by Willmarth, second by Kamper, to proceed with the variance and instructing the City
Attorney to prepare the necessary resolution; all presentavmtedcin*.favor, except President
Postier who abstained.
Hearing on application to vary paragraph 43.05 of Ordinance No. 1296 on the
property located at 501 8th Avenue S. E.-(display sign for Rochester Extendicare, Inc.) Mr.
Don Burrows of 97 Hallmark Terrace was present and urged that the variance be granted, he
said the sign would be the same as they -had other places and they were badly in need of a
new one here. 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 Kamper,
that the variance be granted and the City Attorney was instructed to prepare the necessary
resolution; all present voted in favor.
Hearing on application for approval of a conditional use to use the buildings
at 1518 and 1522 Fourth Avenue S. E. for storage of canned goods (Old Hangar Building.).
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, that the variance
be granted and the City Attorney was instructed to prepare the necessary resolution.
Hearing on the following proposed amendments to the :Zoning Ordinance pertaini
to Community Development Projects:
1. Add the following provision at tbebottom of the table contained in
Paragraph 20.05:
Community Development Projects 3 acres 20,000; 13,500
As per plans and specifications
2. Add the following provisions at the bottom of the table containted in
Paragraph 21.04:
Community Development Projects 3 Acres
As Per plans and specifications
3. Amend Paragraph 22.04, Community Development Projects by changing 5 acres
to 3 acres. '
4. Amend Paragraph 46.00 to read as follows:
46.00 PROJECTS - WHERE LOCATED; In any R-District, the owners of a tract
of land comprising not less than three (3) acres, may submit to the Common
Council, for referral to the Commission an application and plan for the
use and development of all of such tract of land for residential purposes
or alterations of any existing housing development on such tract.
Mr. Harold Payne of the Kruse Company was present and requested that the Council act
favorably on this. 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 Mayer,
approving the amendments and instructing the City Attorney to prepare the necessary
ordinance.
Hearing on proposed amendments to Article 42 (Trailer Parks) of the Zoning
Ordinance (Storm Shelter Facilities and Anchorage)e as follows:
42.0411 Community Storm Shelter Facilities: There shall be provided
- within each Trailer Coach Park and Travel Trailer Park suitable
storm shelter facilities constructed below ground leavel to
accommodate the following numbers of people:
Shelter space (No. of people) = 0.75 X No. of trailer units X
2.5 people/unit.
42.0412 Trailer Coach Anchora&e: Each trailer coach and other structures
located in a Trailer Coach Park, except a Travel Trailer Park, shall
be securely anchored to the ground in such a manner as to withstand
the forces created by wind velocities of 150 m.p.h.
0
,
Record of Official Proceedings of the Common Council
of the- -City of, Rochester, Minn., September 7, 1971
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, 'approving the amendments and
instructing the City Attorney to prepare the necessary ordinance;,all present voted in favor.
The Mayor's appointment of Mr. Lloyd Stoddard of 417 - 27th Street N. E. as a
member -of the Public Utility Board to replace Mr. Eldred A. Kuehn who is deceased; the
unexpired term to expire on the second Monday in'April, 1972. -Upon motion by McNary, second
by Kamper, and all present voting in favor, the appointment was tabled until the meeting on
September 20, 1971.,
A motion was made by Kamper, second by'Larson, and passed unanimously approving •
the semi-monthly bills, list -attached, in the amount of $269,046.64,
Resolution approving Commissioners Repbrt in condemnation of Gore Property and
setting forth awards and assessments. Upon motion by Larson, second by McNary, and all present
wting in favor, resolution adopted.
Resolution approving conditional'use of buildings at 1518 and 1522 Fourth Avenue
S. E. for storage of canned goods (old hangar building). Upon motion by Larson, second by Mayer,
and all present voting in favor, resolution adopted.
An Ordinance relating to Community Development Projects in residential districts
under the Zoning Ordinance of the City of Rochester, amending Ordinance No. 1296, Sections
20.05, 21.04, 22.04 and 46.00, was given its first reading. Upon motion by Kamper, second by
Willmarth, and upon 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 Willmarth, second by
McNary, 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, 'rezoning 3935 Highway'14 East from R-1
to M-1 District, was given its first reading.
Mr.. Robert Suk, Attorney was present and requested that the Council reconsider the
action taken on sidewalk on loth Street S. E. along Welles Shopping Center. No action was taken.
Mr. Gerald Swanson, City Attorney, reported that the Federal Court had issued a
preliminary injunction enjoining the City from proceeding with construction of the 9th Street S.E. •
grade crossing. The Court still has under consideration the matter of making the injunction
permanent and the matter of the appraisal from the condemnation award of $3500. A meeting with
Mr. Stringer, the Attorney for the Chicago and Northwestern Railway, is being arranged for
September 16 to discuss the possibility of settling the dispute so that the City may construct
the crossing as soon as possible.
Upon motion by Willmarth, second by Mayer, and all present voting in favor, the
meeting was adjourned until 7:30 o'clock P. M. on September 20, 1971.
Ci Clerk