HomeMy WebLinkAbout09-20-1971Record. of Official Proceedings of the Common Council
of the ,City of Rochester, Minn., September 20, 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
September 20,.1971
President Postier called the meeting to,order at 7:30 o'clock P. M., the
following members being present: President Postier, Aldermen Kamper, Larson, Mayer, McNary,
Powers, Strain. Absent: None.
Upon motion by Strain, second by Kamper, and all.voting in favor, the minutes of
the meetings held September 7th and 14th, 1971 were approved.
Continued hearing on Council initiated rezoning.of property between Valleyhigh
Drive N. W. and the CGWRR from 15th to 19th Street N. W. from R-1 District to M-1 District.
President Postier explained that this hearing had been continued so the validity of a
petition of protest could be verified; the petition as presented.with 91 signatures, unless
there are some minor shcnages in property lines, has been found not valid with only 16.7%
of the signers being within the 200 foot requirement and it requires 20% for a valid petition;
because of the city limits out there and the deduction of some.of the property in one
particular area the petition will be checked further and could become valid, however,.tonight
the Council is only voting on whether to instruct the City Attorney to prepare the ordinance
and this in itself requires only a majority vote, if the motion to prepare an ordinance is
passed by the Council, then when the ordinance is presented it would require either a 5/7 or
6/7 vote of the Council depending upon the validity of the petition.. A letter signed by
Robert Sutter, Franklin Till, George Lowery by Calvin Slatterly and Home Opportunities, Inc.
by Catlton Penz, V.P., stating they had no objection to the zone change was.read and ordered
filed. Mr. Ted Clikeman of 2038 - 15k Street N. W. was present and said there was one thing
that had not been brought out before and that was the triangular area behind Sutter's greenhouse,
which would probably be annexed in the near future, if this property is rezoned as M-1 the same
problem would exist as with their property. There was no one else present wishing to be heard.
President Postier declared the hearing officially.closed. A motion was made by by Strain,
second by Powers that the M-1 Zone be approved and the City Attorney be instructed to prepare
the necessary ordinance. A motion was made by Alderman Kamper to divide this area in half and
have the lower half B-lb and the balance as M-1, her motion was lost for want of a second. A
motion was then made by McNary, second by Mayer, to amend the original motion that approximately
3 acres irk the Southeast corner be zoned as R-3 and the Balance as M-1Sthe legal description
shown on the original petition); all voted in favor of the amendment. President Postier then
called for a vote on the original motion as amended and all voting in-favor,•except Alderman
Kamper who voted "nay", the motion was carried and the City Attorney instructed to prepare the
ordinance.
Hearing on application to amend the City's Land Use Plan on Lots 13-24, Allendale
Subdivision as being best suited for commercial use. Mr. Robert Suk, Attorney was present and
urged approval, he said he represented the five property owners adjacent to the frontage
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Record of Official Proceedings of the "Common Council
of the City of Rochester, Minn., September 20, 1971
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road and they are in favor.; Mr. John Wiliaman of 1925 31st_Place N._ W. and Mr. Harold Brevig
of Route #1 also spoke in favor. Rev. Earnest Skoog of Berean Fund Church?appeared in
No one else present wishing to be heard. President Postier declared the hearing closed. �!
oppositioo./,A motion was made by Alderman Kamper that the proposal be amended that the Land
Use Plan be adopted on,Lots 14 through 19 and Lots.21 and 24 be deleted, the motion was lost
for want. of a second. A motion was then made by Alderman McNary that the application be
denied, the motion was to§t for want of a second. A motion was then made by Strain, second
.by Mayer, that action be tabled for two weeks or until October 4, 1971; all voted in favor.
.Hearing on petition to change the zoning districting on property located in the
S. E. corner of 16th.Street S. E. and the Chicago Great Western Railroad from the R-1
District.to the R-3 District. There was no one present wishang to be heard. President
Postier declared the hearing officially closed. A motion was then made by Mayer, second by
Strain, that the zone change be approved,and the_City Attorney be instructed to prepare the
necessary.ordinance.; all voted in favor, except Aldermen McNary,. Larson and Powers who
"abstained".
Hearing on application for approval of the Community, Development Project for the
Meadows. There.was no one present wishing to be heard. President Postier declared the
hearing officially closed. A motion was made by McNary_, second by Mayer, that the same be
approved, subject to them providing the following information (1) a list of recreation,
equipment and facilities that will be installed (2) a list showing the number and size of
proposed plantings (3) a copy of Articles of Incorporation of Home Owner's Association Corp.
and (4) a design showing the type and size of sign to be used advertising the development, and
that the City Attorney be instructed to prepare the necessary resolution, all voted in favor ;i
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except Alderman Larson who "abstained". .I
Hearing on petition to change the zoning districting on Lots 1 through 7, Block 4,'
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Original Plat from the R-4 District to the Br -lb District._ Mr. Robert Patterson, Attorney
representing the petitioner, was present and urged that the zone change be granted. Mr.
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Gerard Ring, Attorney representing Mrs. Elizabeth Cole of 407 - 6th Street S. W.., spoke in
opposition to the zone change. There was no one else present wishing to be heard. Presidentll
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Postier declared the hearing officially closed. A motion was made.by McNary, second by
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Larson,_that.the petition be denied, and all voting "nay" except Aldermen McNary and Larson I,
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who voted,"aye", the motion was lost. A motion was then made by Mayer, second by Strain, JI
that the zone change be approved and the.City Attorney be instructed to prepare the
necessary resolution; all voted in favor except Alderman McNary who voted "nay".
Alderman Strain of the First Ward requested the reappointment of Ngil McCormich of
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906 - 13� Street S. E. to serve his second term which will expire September,, 1973 on the
Rochester Committee on Urban Environment. Upon motion by Strain, second by Powers, and all
voting in favor, the appointment was approved.
Alderman.Larson of the Fifth Ward requested.the reappointment of Dr. M. J. Martin
of,1624 llth Avenue N. E. to serve his second term which will expire September, 1973 on the
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Record of Official Proceedings of the Common Council
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Rochester Committee on Urban -Environment. Upon motion by Larson,•second by McNary, and all
oting in favor, the appointment was approved.
The Mayor's appointment of Lloyd Stoddard of 417 27th Street N. E. as a
member of the Public Utility Board. A motion was made by McNary, second by Mayer, that this
be tabled until the informal meeting to be held tommorrow so they could obtain more information,
all voted in favor thereof except President Postier who voted "nay". (Alderman Larson a member of
the Public Utility Board left the room during this discussion).
Upon motion by Strain,.second by Kamper, and all voting in favor, a resolution
was adopted referring improvement petition for determination of adequacy, feasibility report and
recommendation for sewer and water extension to the Halling Property on the East River Road-N.E.
-Upon motion by Strain, second by Kamper, the application for transfer of the
on sale liquor license at the Happy Warrior Bar from Edward Beckman to Donald D. Anderson .
and Donald Jacobson was approved; all voted in favor.
Recommendation of Public Safety Committee that the Council authorize the
Fire Chief or his assistanst o make the following decisions (1) to respond to fire fighting
assistance calls from other villages and cities within Olmsted County and without charge and
(2) to respond to fire fighting assistance calls from the Olmsted County Sheriff's Office to
vehicular accidents occuring on streets and highways within the Rochester -urban area and without
charge. Upon motion by Mayer, second by McNary, and all voting in favor, this matter was
referred to the Council as a committee of the whole.
Request of Rochester -City Lines to exchange the bus stop on First Avenue S.W.
in front of the First National Bank for a -stop around -the corner which would be -the North side
of the bank on 2nd Street S. W. headed East. Upon motion by Kamper, second by Mayer, and all
oting in favor, the request was approved and the City -Attorney was instructed to prepare the
necessary resolution.
Upon motion by Larson, second by Kamper, and all voting in favor, the following
bonds- were. approved, surety thereon accepted and they were ordered placed -on file: License bonds
of Howard Johnson Company in the amount of $3,000 with•Insurance-Company.of North.Americacias
surety and Donald Anderson and Donald Jacobson in the amount of•$3,000 with Western Casualty and
Surety Company as surety; and contract bonds of Riverside Sand & Gravel Company (2) in the amounts
of $105,169 and $42,889.05 and Fraser Company -in the amount of $64,535.15 with Fidelity & Deposit
Company of Maryland as surety.and Doyle Conner Company (5) in the amounts of $3,187.74, $5,231.25,
$4,248.79, $1,839.72 and $3,117.00 with General Insurance Company of America as surety.
Recommendation of Public Safety Committee :that a truck loading zone be established
at 5th Avenue S. W. on the west side of the street 40 feet more or less in front of the entrance
to Central Juniro High School. Upon motion by Strain, second by Kamper; and all -voting in favor,
the recommendation.was approved and the City Attorney was instructed to prepare the necessary
resolution.
• Recommendation of Public Safety Committee that a 60 minute parking limit be
established on First Street S. W. on the south side of the street between 5th Avenue S. W. and
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6th Avenue S. W. Upon motion by Strain, second by Kamper, and all voting in favor, the recommend-
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., September 20, 1971.
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ation was approved.and the City.Attorney was.instructed to prepare the necessary resolution
Tabulation of bids for,watermain on west side of.T. H. #63 across Lots 9, 7, 8 and
and. 10, Block..3,. Golden, Hill .Addition.-.Bemel Property were. -Riverside Sand. & Gravel Company
$3,185.00, Littrup Nielson $2,668.00*.and_Fraser Company, Inc. $2,993.00 (City Engineer's
estimate $2,883.00). Upon motion by Kamper, second by Strain, and -all voting in favor, a
resolution was adopted accepting the bid of Littrup Nielson -Company.
Recommendation of Planning and Zoning Commission that the preliminary plat of the
Meadows be granted approval. Upon motion by Strain, second --by Mayer, and all voting in
favor, the recommendation was approved and the preliminary plat granted approval.
A motion was made by McNary, second by Larson, and passed unanimously; that the
semi4-monthly bills, list attached, in the amount of $128,093.10 be approved.
Recommendation of Planning Department that metes and bounds conveyance of property
located at-Sandy's 12th Street Si. E.be approved. Upon motion by -Strain, second�by Kamper,
and all voting,in favor, a resolution was adopted•approving conveyance by metes and bounds
of the said land.
Resolution granting a variance to permit a garage to be built within two feet two
inches of alley R.O.W. at 112 12th Street N. W. (Lot 14, Block 26, Northern Addition). Upon
motion by Larson, second by Mayer, and all voting -in favor except President Postier who
"abstained", resolution adopted.
Resolution granting variance for sign requirements at 501 - 8th Avenue S. E.
motion by Kamper, second by Powers, resolution adopted; all voted in favor.
Resolution -amending the Thoroughfare Plan changing R.O.W. width from 100 feet to
180 feet on U. S. 52 South (Marion Road S. E.). Upon motion by Larson; second by Strain,
and all voting in favor, resolution adopted.
Resolution authorizing construction of concrete sidewalks adjacent to Lot 9,
Block 5, Northgate Fifth Subdivision along the south side of 23rd St. N.W. and west side.
of 21st Avenue N. W. and consolidating with new sidewalk Project No. 6-1971. Upon motion
by Kamper, second by Strain, and all voting in favor, resolution adopted..
Resolution designating.5th Street N. W. and 2nd.Street'S. W. as Urban Roads•to
receive Federal Aid. Upon motion. by Kamper, second by Strain, and all voting in favor,
resolutlon adopted.
Resolution establishing a truck loading zone on 5th Avenue S. W. (adding Paragr
*28.5 to Section D, Truck Loading Zones). Upon motion by Strain,•second by Kamper, and all
voting in favor, resoalution adopted.
Resolution establishing 60 minute parking limit on First Street S. W. (adding
paragraph (8.5) to Section H, Limited Parking Zones, Zone Q . Upon motion by Mayer, second
by Strain, and all voting in favor, resolution adopted.
Ordinance rezoning Lots 1-7, Block 4, Original Plat from R-4 to B-lb District was
given its first reading.
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Ordinance rezoning Southeast corner of 16th Street Southeast and the Chicago Great
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.Record of Official Proceedings of the Common "Council
of the City -of -Rochester, Minn., September 20, 1971
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Western Railroad from R-1 to R-3 Zoning District, was given its first reading.
An Ordinance relating.to intoxicating liquors and applications for licenses,
amending Rochester Coce.of Ordinances, Section 160.160 as -amended by Ordinance No. 1582by
amending subsection (b) in its entirety to read as follows, was given -its second reading:
"(B) Each applicant for a new on sale or off.sale licekise 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 an 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
_application is resubmitted.
A motion was made by Strain, second by Mayer, that the said ordinance be adopted as read and
all voting in favor, President Postier declared the said ordinance duly passed and adopted.
An Ordinance amending the Zoning Ordinance to provide for community storm
shelter facilities in travel trailer parks•and travel coach parks to be constructed below
ground at a rate of shelter space equals .75 times the number of trailer units times 2.5 people
per unit, was given its first reading. Upon motion by McNary, second by Yamper,.and all voting
in favor, this was tabled until the next meeting in order to clarify the language of the travel
coach parks and travel trailer parks, etc.
Gerald Swanson, City Attorney, request the Council to authorize the.Mayor and
City Clerk to sign a supplemental agreement with Paul Moore the developer of the K-Mart to
expressly provide that the City will let the contract for the grade crossing with the understand-
ing that the Railroad has the right to appeal and by an appeal may further enjoin and delay
the construction, the developer agrees to assume all costs that may arise caused by the delay
caused by an appeal. Upon motion by McNary,• second by Mayer, and-all-vottng•in favor, his
request was approved and the Mayor and City Clerk were authorized to sign said agreement.
Upon motion by Kamper, second by Strain, and all voting in favor the meeting
°^ INFORMATION 9-20-71 was adjourned.
1. Minutes of the Standing Committees 9/13/71 Ci y Clerk
2. Claim for damages -to automobile-- Robert Lee Robertson -(refereed to Attorney,.
Insurance, Engineer)
3. Municipal Court -Financial Report for -August, 1971. -
4. Referred to Planning and Zoning:
a. application for approval of an amended community development project at 41st
street N. W. west of 18th Ave. (Campus Development)
b. application for conveyance of property by metes and bounds at 7 - 12th St. S. E.
(James McDonagh's owners agent)
c. application -for conveyance of property.by metes and -bounds at Apahce Mall Subd.
d. application for variance to construct an existing SLrage at 1042 6th Ave. S. E.
(®alter Delaney)
e. application for variance at 1308-9th St. N. E. (Elmer Block)
f.• application for variance at 603 - 1st St. S.W. (John Krudwig)
g. petition of protest against zoning change on property between Valleyhigh Drive N.W.
and the C.G.R.R. from 15th to 19th•St. N.W.-(91 signatures)
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