HomeMy WebLinkAbout10-04-1971Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., October 4, 1971
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Minutes of a regular meeting of the Common Council of the City of RocheErer,
Minnesota held in the Council Chambers in the City Hall, in said City, on October 4,
1971.
President Postier called the -meeting to order at 2:00 o'clock P. M., the
following members being present: President Postier, Aldermen Kamper, Larson, Mayer,
McNary, Powers, Strain. Absent: None.
Upon motion by McNary, second by Strain, and all present voting in favor,
the minutes of the meeting held September 20, 1971 were approved with the following
correction: on page 2, line 34, should read "all voted in favor except Aldermen McNary
and Larson who voted nay".
Upon motion by Strain, second by Kamper, and all voting in favor, the
appointment by Mayor Day of Lloyd Stoddard as a member of the Public Utility Board was
approved; the term of office to expire the second Monday in April, 1972.
Request of Bill Dodge of 1602-11th Avenue N. E. for a permit to construct
a fence upon the sidewalk easement adjacent to the sidewalk in -order that the students
going to -and from Kellogg Junior High School will be confined to the sidewalk. Mr.
Dodge was present and showed a drawing where the fence would be and also said the
fence would be steel wire cyclone type fence. A motion.was made by Larson, second by
Strain, approvingf;the request and instructing the City Attorney to prepare the necessa
revocable permit and include a "hold harmless" clause in the permit; all voted in favor
Request to amend the Community Relations Ordinance as follows (1) that the
name of the Commission be changed to Rochester Human Rights Commission (2) that the
membership of the Commission be increased from 9 to 13 persons, all appointments shall
be made -by the Mayor with the advice and consent -of the Council and (3) that a provisi,
prohibiting discrimination on the basis of sex be included in the ordinance. Upon
motion by Strain, second by Mayer, and all voting in favor, the request was approved
and the City Attorney was instructed to prepare the necessary ordinance. (The City
Attorney was -also requested to investigate and report back what would be involved if
the ordinance were amended to make it a misdemeanor, the same as the statutes, to
discriminate in housing, hiring, etc.)
A motion was made by McNary, second by Strain, that the bids received on
August 16, 1971 for construction.of a sewage lagoon system at the Rochester Municipal i
Airport be rejected; all voted in favor. (Due to the fact that the bids were considerably
higher than the engineer's estimate of $98,377.00 and that a petition to create a sewer
district extending to the airport -is under, study by the County Board, the Council
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had tabled action on the bids, since that time, an interim solution was worked out
whereby sewage would be hauled from the airport daily).
Lease agreement for videotape recording equipment which was installed in the'
Police Department for the purposes of receiving and recording a series of in -training
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., October 4, -1971
police educational programs sponsored by the Attorney General's office, the lease agreement
covers 24 months for $1.00 and requires that the City carries insurance coverage on the
equipment. Upon motion by Strain, second by Mayer, and all voting in favor, the City Attorney
was instructed to prepare a resolution authorizing the Mayor and City Clerk to execute the
lease agreement between the State of Minnesota and the City converning CADAVRS Videotape
recorder.
The Committee of the Whole recommends that the Council direct the Park Board to
readvertise for bids for furnishing the sound system for Mayo Civic Auditorium, this was
prompted by a letter from Ken.Stoletenberg relating to the short time period from which
bidders first had access to the specifications and the date the bids were opened. Mr. Ken
Stoltenberg was present backing up the letter which he had written. Upon motion by Larson,
second by Kamper, and all voting in favor, the Park Department was directed to readvertise for
bids.
Upon motion by Mayer,, second by Kamper, and all voting in favor, the contract bond
of Littrup Nielson, Inc. in the amount of $2,668.00 with Wisconsin Surety Corporation as surety
was approved, the surety thereon accepted and the bond ordered placed on file.
Recommendation of Public Works Committee that the Layout #1 of proposed improvements
on T. H. 63 from 23rd Street N. W..to 0.5.miles north of Junction with County State Aid Highway
# 22 (37th Streety be approved. Upon motion by Larson, second by McNary, and all voting in
favor,.the recommendation was accepted and a resolution was adopted approving the.said plans.
Upon motion by Strain, second by Powers, and all voting in favor, two resolutions were
adopted (1) resolution declaring cost to be assessed and ordering preparation of proposed
assessment for street grading and surfacing, sanitary sewer, storm sewer, watermain and
services connections in:;:18th Avenue N. W. from Cascade Street to 33rd Street N. W. and (2)
resolution.ordering a hearing on the proposed assessment as described above.
Upon motion by Kamper, second by Mayer, and all voting in favor, two resolutions were
adopted (1) resolution declaring cost to be assessed and ordering preparation of proposed
assessment for extension of sanitary sewer and water main in 3rd Avenue N. E. to Lot 1, Block 1,
Northstar Subdivision and (2) resolution ordering a hearing on the proposed assessment as
described above.
Recommendation of City Engineer that an agreement between the State of Minnesota
Highway Department and the City of Rochester.for cost, maintenance and operation of a traffic
signal at the intersection of T. H. #14 and 2nd St. S. W. be approved. Upon motion by Strain,
second by Larson, and all voting in favor, a resolution was adopted authorizing the Mayor and
City Clerk to execute the said agreement (No. 56970).
Recommendation of Public Works Committee that an agreement between the City and
Kirkham and Michael, Inc. for engineering services in the two local improvement projects in
Rocky Creek 2nd Subdivision, the fee for basic engineering services shall be 7% of the
construction cost be approved. Upon motion by Strain, second by Larson, and all voting in
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Record of Official Proceedings of the'Common Council
of the City of Rochester, Minn., October 4-, 1971
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favor, a resolution was adopted authorizing the Mayor and City Clerk to execute the said
agreement.
Recommendation of Public Works Committee that an agreement between the City and
Kirkham and Michael,.Inc. for engineering services for two local improvement projects in
Green Meadows -Subdivision, the engineering fee shall be 7% of the construction cost be
approved. Upon motion by McNary, second by Kamper, and all voting in favor, a resolution
was adopted authorizing the Mayor and City Clerk to execute the said agreement.
Request of Traffic Engineer for approval of azsupplemental agreement for an
additional $5,000 in funds to complete Stage II of TOPICS plan and report, the original
agreement was for $10,000 in which $5,000 was Federal and $5,000 was City, now the total
cost including the terms of this supplemental agreement is $15,000 or $7,500 Federal funds
and $7,500 city funds, there is sufficient funds in the 1971 budget to cover the additional
$2,500. Upon motion by Strain, second.by Kamper, and all voting in favor, the City Attorne]
was instructed to prepare a resolution authorizing execution of the supplemental agreement
No. 1 to Agreement No. 56613M, and that the Federal Funds will be put back reapportioned to
this supplemental agreement.
Upon motion by Kamper, second by Powers, and all voting in favor, a resolution
was adopted ordering a hearing on construction of sewer and watermain in 19th Avenue N. W.,
31st Place N. W. and 30th Place N. W. in Allendale Subdivision.
Upon motion by Kamper, second by McNary, and all voting in favor except Alderman)
Larson who "abstained'.', the City Attorney was instructed to prepare a resolution authorizi
the Kruse Company to undertake the construction of improvements in Meadows 1st Subdivision
and directing the execution cif n contract between the City and Fraser -Company to do the
engineering on the project.
An assessment had been levied in 1960.against Lot 1, Block 2, Northern Heights
Addition and this lot was then repl,atted into 40 lots, however, through inadvertance the
assessment was never paid or reallocated to the 4 lots; the records of the County Auditor
continued to show an assessment against a now non-existent Lot 1, Block 2, Northern Heightsi
Addition and our city records do not show any such lot.or assessment. Upon -motion by
Larson, second by Powers, and all voting in favor, the City Attorney was instructed to.
prepare a resolution confirming cancelling the said special assessment.
Upon motion by.Kamper, second by Powers, and,all voting in favor, a resolution
adopted authorizing the City Clerk to advertise for bids for rock salt for the Street and
Alley Department.
Recommendation of Planning and Zoning Commission that the petition to annex
Lots.10, 11 and 13, Auditor's.Plat "D" (Fertilizer Plant on north side of 5th Street N. W.
at 16th Avenue N. W.) be approved, this property is contiguous to the city limits and if
this property is annexed, sewer and water service will be able to be extended to it thereby;
abating an existing health problem due to a bad private well. A motion was made by Strain,
second by Mayor, instructing the City Attorney to prepare an ordinance annexing the said
land; all voted in favor. The matter of sewage and fire protection was discussed and the
Record of Official Proceedings of the, Common Council
of the City of Rochester, Minn., -October 4, 1971
Planning Department, Engineering Department and Fire Department were to investigate as the sewer
and fire conditions and report back to the Council before final adoption of the ordinance.
Recommendation of Planning and Zoning Commission that the following properties be
removed from the Rural Service District (1) Daiskjlummer property.- 5.65 acres now occupied by
Rochester Art Center (2) United Building Center Property - 10.8 acres, area is now developed as
a lumber yard and used industrially (3) Industrial Opportunities, Inc. property - 0.48 acres, this
area while vacant, is less than the 5 acres minimum parcel size (4) Gordon and Virginia Kranz
property - 6.0 acres, this property has the proper size but the south part is being used for
the storage of commercial trucks and travel trailers (5) Jack Day Property - 3.8 acres, this
property is vacant but it is less than the 5.0 acre minimum size; they also recommend that the
recently annexed property of Doris Toogood that lies westerly of 16th Street S.W. and south of
the north line of the SWk Section 11 be designated as rural service district; they also recommend
that the map attached be made a part of Ordinance No. 1466 and amended to include lands as shown
on the map as qualifying for rural service district if they are annexed. A motion was made by
Larson, second by Strain, that the Daisy Plummer property item #1 be removed from the Rural
Service District; all voted*in favor. A motion was then made by Larson, second by McNary, that
the United Building Center Property #2, Industrial Opportunities #3, Gordon & Virginia Kranz#4
and Jack Day Property #5 be removed from the Rural Service District and the.Doris Toogoo4 property
be designated as Rural Service District and the map be amended as recommended; all voted in favor
and the City Attorney was instructed to prepare the necessary -resolutions.
Alderman Larson was excused at 2:50 P. M.
The following report on vacation of 5th Street S. E. and Replat of Fullerton's First
Subdivision by the City Attorney was presented: .
"On December 14, 1970 after public hearing the Common Council instructed the City
Attorney to prepare a resolution vacating 5th Street S. E. for a distance of 100
feet west of the west line of 1st Avenue S. E. On January 4, 1971, the matter was
tabled pending replat of the Fullerton Lumber Company property.
On June 7, 1971 without acting on the preliminary plat of Fullerton's First
Subdivision, the matter was referred to the City Attorney.
The issue is whether or not the City should vacate a portion of 5th Street S. E.
without dedication by Fullerton Lumber Company of an equal amount of open space
as part of the proposed 6th Street S. E. extension through the Fullerton Lumber
Company property.
The alternatives are:
(1) Complete the vacation of 5th Street and approve the plat without further
dedication of right-of-way.
(2) Same as (1) except adopt an official map designating location of the proposed
6th Street extension. Such a map would give the City an opportunity to condemn
and pay for the 6th Street right-of-way as the land presently exists.
(3) Same as (1) except condition the 5th Street vacation on payment by Fullerton
Lumber Company of the appraised value of the land being vacated as authorized
by paragraph 212 of the City Charter.
(4) Same as (1) except also (a) adopt official map and (b) condition the vacation
upon agreement that Fullerton Lumber Company will dedicate an equal amount
of open space as part of the extension of 6th Street S. E. as shown on
. official map, the dedication to be made when City proceeds to acquire right-
of-way for the extension.
(5) Indefinitely postpone the street vacation until such time as the City is ready
to proceed with the extension of 6th Street S. E.
I have explored the possibility of having Fullerton Lumber Company agree to
dedicate an equal area of its property for the 6th Street S. E. extension. This
approach appears impractical because of the uncertainties of when the extension
will become a reality. It is doubtful that Fullerton Lumber Company would agree
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of the City of Rochester, Minn., October 4, 1971
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to dedicate an equal area of its property for the 6th St. S. E. extension.
This approach appears impractibal because of the uncertainties of when the
extension will become a reality. It is doubtful that Fullerton Lumber
Company would agree to tie up the title to its property in this manner for
an indefinite period of time.
If the 6th Street extension is part of the City plans, it would be my
recommendation to proceed under either (3) or (5) above."
Mr. Don Sperry of Fullerton Lumber Company was present and requested that some action be
taken as they would like to go ahead with their plans for expansion. A motion was made by
Strain, second by McNary, to accept recommendation #3 listed above subject to it not
interferring with the one way street plan. Further discussion was held on.the street plan
and Aldermen Strain and McNary withdrew their motion to allow the traffic engineer to
check and see if this interferes with the street alignment as shown on the plan. A motion
was then made by Strain, second by McNary, that this be tabled until the evening meeting,
all voted in favor.
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Request from Chamber of Commerce for a variance prior to the remodelling of the
Chamber building to change the present swing of the doors from inside swing to.an outside
swing, the reason for the variance is that when.the swing of the doors to comply with the
fire code is changed that they violate a section of the city ordinance which states that al
door cannot swing out into.public access way more than twelve inches. Upon motion by
Kamper, second by Strain, and all voting in favor, the request was approved and the,City
Attorney was instructed to prepare the necessary revokalbe permit, to include a "hold
harmless" clause to the benefit of the City..(Gerald Swanson, City Attorney stated that he
was concerned that we are granting an awful lot of permits to intrude on City right-of-way
and although we have revokable permits as such, many of these intrusions are permanent
because they represent substantial alterations on the building; he said he couldn't tell
where to draw the line but there is another one up for consideration tonight where there is
a 6� inch intrusion in the sidewalk right-of-way and it disturbs him as Attorney to grant
these extensions when there is a fundamental rule of law that we shouldn't allow any
obstructions to the City right-of-way; we have granted a ,permit to C. F. Massey Company.. -
where their door fully opened extends into the public right-of-way, that same type of perm!
and we require that they maintain an insurance policy but as I say we have a lot of these
requests coming in and I think the Council has to be made aware that they have a fundaments,
responsibility in maintaining an unobstructed sidewalk and street right-of-way.)
Resolution authorizing Mayor and City Clerk to sign lease agreement, entitled
"Cadavrs Videotape Recorder Lease" between the State of Minnesota and°the City. Upon
motion by Kamper, second by Mayer, and all present voting in favor, resolution adopted.
Resolution• vacating the public easement over, under and along the following
portion�of 5th Avenue Northeast "all that part of 5th Avenue Northeast -which ends in a
cul de sac and lies south of the south right-of-way line of 20th Street Northeast as
shown on Kellogg Hills Subdivision". Upon motion by Stra•im, -second by Powers, and all
present voting in favor, resolution adopted.
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Resolution authorizing cancellation of special assessment against Lot 1, Block 2,
Record of Official Proceedings of the Comirion Council
of the City of. Rochester, Minn., October 4, 1971
Northern Heights -Addition. Upon motion by Mayer, second by McNary, and all present voting
in favor, resolution adopted.
Resolution approving City -owner contract between the City of Rochester and the Kruse
Company for construction of sanitary.sewer, watermains, and storm sewers to serve Block 9,
the Meadows Subdivision and authorizing Mayor and City Clerk to execute same. Upon motion
by Mayer, second by McNary, and all present voting in favor, resolution adopted.
Resolution approving City -owner contract between the City of Rochester and Dodge -
Alexander Inc. for construction of street grading and surfacing, sanitary -sewer mains, water
mains, storm sewer, sewer and water service connections -stubbed into boulevard in Toogood
Meadows Subdivision and authorizing Mayor and City Clerk to execute same.- Upon motion by
Strain, second by Mayer, and all present voting in favor, resolution adopted.
Resolution amending resolution of August 18, 1971 by relocating Bus Stop on First
Avenue S. W. on the east side of the First National Bank to the South side of Second Street
S. W. on the north side of the First National Bank. Upon motion by:S.train, second by Kamper,
and all present voting in favor, resolution adopted.
Resolution approving issuance of a revocable permit to Dayton -Hudson Corporation for
installation of two bicycle racks and authorizing Mayor and City Clerk to -execute agreement.
Upon motion by Kamper, second by Mayer, and all present voting in favor except President
Postier who voted "nay", resolution adopted.
Alderman Larson -returned at 3:10 P.-M.
Resolution approving supplemental agreement No. l modifying agreement No. 56613M
and authorizing Mayor and City Clerk to sign same. Upon motion by Mayer, second by Powers,
and all voting in favor, resolution adopted.
At the meeting on September 7, 1971 the -City Attorney was instructed to prepare an
ordinance amending the Zoning Ordinance by adding paragraph 42.0411 - Community Storm Shelter
Facilities within.Trailer Coach Parkss and Travel Trailer Parks and paragraph 42.0412 -
Trailer Coach Anchorage. A motion was made by McNary, second by Mayer, to except from the
ordinance the Travel Trailer Parks and have it apply only to Trailer Coach Parks; all voted
in favor.
An Ordinance relating the Zoning Ordinance of the City of Rochester and Storm Shelter
Facilities and Anchorage in Trailer Coach Parks; amending Ordinance No. 1296 by adding
Sections 42.0411 and 42.0412 as follows, was given its first reading:
42.0411. Community Storm Shelter Facilities. There shall be provided
within each trailer coach park, except a travel trailer park,
suitable storm shelter facilities constructed below ground
level 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 Anchorage. 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 at least
150 m.p.h. .
An Ordinance rezoning certain property and amending the Zoning Ordinance of the
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City of Rochester; Minnesota (rezoning 3935 Highway 14 East from R-1 to M-1 District) was
given its second reading. A motion was made by Mayer, second by Powers, 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 ielating 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 new Section 140.011, was given its second reading. A motion was made by Mayer,
second by Strain, that the said ordinance be adopted as read and all voting in favor,
President Postier declared the said ordinance duly passed and adopted.
An Ordinance rezoning certain property and amending the Zoning Ordinance of the
City of Rochester, Minnesota (rezoning 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 the B-3 District) was given
its second reading. A motion was made by Strain, second by.Larson, that the said ordinanci
be adopted as read and all 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 (rezoning property located between Valleyhigh Drive N. W.
and Chicago Great Western Railroad from 15th Street N. W. to 19th Street N. W. from R-1
to M-1 and R-3 District), was given its first reading.
An Ordinance annexing to the City of Rochester, Minnesota, Blocks 1, 2 and 3,
DeWitt Addition, Olmsted County, Minnesota, was given its first reading.
Upon motion by McNary, second by Kamper, and upon roll call and all voting in
favor, the rules were suspended and an ordinance amending the Zoning Ordinance of the Cityl
of Rochester, Minnesota (rezoning S. E..corner of 16th Street S. E. and the Chicago Great
Western Railroad from R-1 to R-3 Zoning District) was given its second reading. A motion
was then made by Strain, second by McNary, that the said ordinance be adopted as read and
all voting in favor, except Alerman Larson who "abstained", President Postier declared the'I
said ordinance duly passed and adopted.
A motion was made by Strain, second by Powers, that a resolution approving the
Community Development Project for The Meadows be adopted,, subject to the fire lane.on
Meadows Drive be left open, being put back in as shown on the original plan dated
September 20, 1971 and subject to (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 the 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 developemnt;.all voted in
favor, except Alderman Larson who "abstained". '.
Upon motion by McNary, second by Larson, and all voting in favor, the meeting
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was adjourned until 7:30 o'clock P. M.
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of _the. City of Rochester, Minn., October 4, 1971
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President Postier called the meeting to order again at 7:30 o'clock P. M. with the
following members being present: President Postier, Aldermen Kamper, Larson, Mayer, McNary,
Powers, Strain. Absent: None.
Hearing on application to vary the setback requirements on property located at 7 - 12th
Street S. E. (Sandy's Drive -Inn). Mr. James McDonagh was present representing Sandy's
and urged approval of the request. There was no one else present wishing to be heard.'
President Postier declared the hearing officially closed. Upon motion by Strain, second by
Mayer; and all -voting in favor, the City Attorney was instructed to prepare•a resolution
granting the request.
Hearing on application to amend the approved K-Mart Shopping Center Plan to (1)
relocate fhe free standing sign to the southeast corner of the site and limit its height to
40 ft instead of 35 ft as specified in the resolution (2) extend the off-street parking into
the southeast area and where a restaurant was originally planned (3) permit the small "in"
and "out" traffic directional signs and (4) to allow the K-Mart entrance sign in the S. W.
corner as planned. Mr. Robert Suk, Attorney representing Paul Moore the builder of K-Mart,
was present and showed a plan of the area and outlined the four requests. 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 Mayer, that the amendments be approved and the City
Attorney be instructed to prepare the necessary resolution; all voted in favor.
Mr.. Robert Suk, Attorney for K-Mart, brought up the matter of the variance that was
granted in putting up their sign, he read a paragraph from the resolution adopted by the
Council on April 9, 1971 which stated "the provisions of the Zoning Ordinance are hereby
varied to the extent necessary to permit the construction of a wall sign on the aforesaid
premises extending a maximum of 7 feet above the parapet wall for the purpose of advertising
K-Mart, subject to the condition that all other requirements of the Zoning Ordinance be complied
with"; he said now the -problem was that this sign,•the backdrop goes up 7 feet from the back of
the parapet wall, the K of the K-Mart will be enclosed in this whole backdrop it will not be
protruding above the rest, the sign will all be:in the face of this backdrop but the entire
backdrop goes up 7 feet .and the problem now is that the permit came out which allows only the
K to extend 7 feet above the parapet wall and the rest of the backdrop is to be only 4 feet
above the wall and he requested that the Council grant a variance to allow the entire backdrop
to be 7 feet above the wall. Mr. Harlan Tracy of Ace Sign Company was also present and said
the sign was all ready and was all steel and all welded and would have to be'changed if the
variance was not granted. 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 Powers,
that the requested variance be granted and'Kamper, Larson, Mayer and McNary voting "nay", the
motion was lost.
Hearing on application to amend Phase I of the approved Community Development Project
plan of Town and Campus to be located on Pennington's First Subdivision. Mr. Dick Neibling,
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President of Campus Development, Inc. was present to answer any questions; he said they had
checked the recommendations and the only item there seemed to be.any question on was the fig
protection, he said they had the same fire hydrant layout as originally when the development
was approved and all they did was relocate buildings; all of the new development is
identical to the old except the buildings inside the inner circle were moved in various
directions plus the unit- itself were changed from 100% garden apartments to 50-50 garden
apartments and town houses; he said they kept the same water system, road system and fire
hydrant system in the present plan each unit is within about 15 feet closer to a hydrant
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than they were before; he said the Fire Department had suggested a 12 foot wide sidewalk
for fire lane generally, through the center of the project running in east and west
direction and a loop around the center core building.and they were not in accord with this
and felt it might be a hazard and there was no necessity for it. He also said he had met
with the Public Utility Department in regard to street lighting system and they were
agreeable and would do whatever the formula required. A plan of the area was presented and
reviewed. There was no one else present wishing to be heard. President Postier declared tt
hearing officially closed._ A motion was then made by Mayer, second by Kamper, that this
matter be tabled.until later in the meeting when the Fire Chief would be present; all
voted in favor.
Hearing on application.for a variance to allow an encroachment into the rear
yard on property located at 1308 - 9th Street N. E. Mr. Elmer Block the petition was
present and urged approval. 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
Mayer, that the variance be granted and the City Attorney be instructed to prepare the
necessary resolution; all voted in favor.
Hearing on application to modify the off-street parking at 603 - 1st Street S. W
Mr. Orville Ryandof 103 6th Avenue S. W. and Mr. Sanford Ward of 11 - 6th Avenue S. W.
each spoke in opposition. There was no one else present wishing to be heard. President
Postier declared the hearing officially closed. A motion was made by McNary, second by
Kamper, that the application be denied and all voted in favor.
Hearing on request to project into the Public Right of Way (Stocke & Co.). This
is to construct an entrance on the professional services -building at 105 3rd Street S. W.
that would project 6k inches into the public right of way and also requesting to construct
the entrance of less than 100% incombustibe materials. Mr. Kenneth Carlson"was present in
behalf of the petitioner and urged approval. There was no one else present wishing to be
heard. President Postier declared the hearing officially closed. A motion was made by
Mayer, second by Powers, that the request be approved.and the City Attorney be instructed
to prepare the necessary revokable permit containing a hole harmless clause to the benefit
of.the City; all voted in favor.
Hearing on final plat of Peterson's Replat.. There was no one present wishing tol
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be heard. President Postier declared the hearing officially closed. A motion was made by
Record of Official Proceedings of the Common Council
of the City of . Rochester, Minn., *October 4, 1971
Larson, second by Strain, that a resolution be adopted approving the said plat and all voted
in favor. (The said plat was not to be recorded until after final public ation of the resolu-
tion vacating the 5th Avenue N. E. cul-de-sac was completed).
A motion was made by McNary, second by Kamper, and passed unanimously, that the semi
monthly bills, list attached, in the amount of $306,081.60 be approved.
Resolution granting variance to permit construction of an addition to the existing
structure extending to within 30 feet of the adjoining R-2 District at 7 12th Street S. E.
(Sandy'.s Drive In). Upon motion by Strain, second by Mayer, and all voting in favor, resolution
adopted.
Resolution approving issuance of revocable permit to C. I.-Glarzmaier for construction
of a new entrance at 105 3rd Street S. E. (professional building) and authorizing the Mayor and
City Clerk to execute agreement for such permit. Upon motion by Mayer, second by Kamper, and
all voting in favor,resolution adopted.
Resolution approving amendments to approved K-Mart Shopping Center Plan. Upon motion
by Strain, second by Mayer, and all voting in favor, resolution adopted.
Resolution approving variance to allow an encroachment•into the rear yard at 1308 -
9th Street N. E. (Lot 2, Block 2, Mohn & Hodge Subdivision - Elmer Block). Upon motion by
Mayer, second by Powers, and all voting in favor, resolution adopted.
A motion was made by Mayer, second by Kamper, to remove from the table the matter
of application to amend Phase I of•the approved Community Development Plan of Town and Campus
to be located on Pennington's First Subdivision and all voted in favor. Mr. Seibling and Fire
Chief Mertz said they had met on this and felt the differences could be ironed out. A motion
was then made by Mayer, second by Powers, that this be approved subject to approval by Fire
Chief Mertz and the City Attorney was instructed to prepare the necessary resolution; all voted
in favor.
Upon motion by Strain, second by•Kamper,•and all voting in favor, the recommendation
regarding the•application to amend the City's Land Use Plan on Lots 13-24, Allendale Subdivision
as being best suited for commercial use was•removed from the table. A plan of the area was
presented and the property owners in the area were all present and heard. A motion was made by
Larson,•second by Mayer, that we adopt the Land Use Plan with commercial development fronting
the highway including parts of Lots 21 and 24 and with medium density residential as indicated
to prepare
to the rear or east of the area indicated on the map and the City Attorney instructed/the necessary
resolution; all voted in favor,•except Alderman McNary who voted "nay".
Request from Rochester Savings & Loan that they would be having their grand opening
on October 15, 16 and 17 and they were expecting a large attendance and there would probably be
people parking in Apache Drive and they requested that the parking tickets for those three days
on that street be foregone. Upon motion by Strain, second by Powers, and all voting in favor,
the matter was referred to the Public Safety Committee and•the Chief of Police with power to act.
Upon motion by Strain, second by Kamper,and all voting in favor, the matter of vacation
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of 5th Street S. E. and replat of Fullerton's First Subdivision was removed from the table!
A motion was made,by Alderman Larson that this matter be tabled for further
investigation and discussion; his motion was lost for want of a second.
A motion was then made by Strain, second by McNary, that the vacation be
approved subject to the condition that the 5th Street vacation be approved on payment by
Fullerton Lumber Company of the appraised value of.the land being vacated as authorized
by paragraph 212 of the City Charter; all voted in favor.
Resolution approving.4mendment to Phase.I of,.approved-Cbminunity,Development
•Project Plan of Town and-Campus.to,be located on-Pennington's First Subdivision. Upon
motion by Mayer, second by Powers, and all voting in favor, the resolution was adopted
subject to approval by Fire Chief Mertz.
Upon motion by McNary, second by Mayer, and all voting in favor, the meeting
was adjourned until 7:30 o'clock P. M. on October 18, 1971.
Ci 'y Clerk
u
INFORMATION 10/4/71
1. Minutes of the Standing Committees 9/27/71
2. Letter from Roy Watson re one-way pair ,
3. Letter from Willars Knapp
4. Claim of Damage Robert.J. Cordie of 4020 7th St. N. W. (referred to Attorney,
Engineer, Insurance)
5. An amended Order from the Public Service Commission has been received concerning
2nd Avenue N. E. and C.N.W.R.R. crossing, this order provides for the
installation of cantilever signals with a median strip and states that the
City's share of the signal installation shall be 25% but not to exceed
$4,816
6. The annexation to the Airport has again been postponed and continued to 1-20-72
7. Referred to Planning and Zoning
a. petition to rezone Lot 6, Block 1, Flather's Addition from B-lb to
R-1 (Marion Schleif) 227 14th Avenue S. W.
b. application for a variance (Sandy's Drive In) 7 12th St. S. E.
c. application to amend K-Mart Shopping Center Plan (Paul Moore)
d. petition to rezone the east 100 feet of Lot 5, Block 2, of Golden Hill Addition
from R-1 to B-3 (Lowell Campbell of 3908 Lillie Ct. S.W.)