HomeMy WebLinkAbout10-18-1971Record of Official.,_ Proceedings of the Common Council
of the City of Rochester, Minn., October 18, 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
,October 18, 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 of October 4th and 12th, 1971 were approved. ,
Hearing on construction of sewer and waterigain in 19th Avenue N. W., 31st
Place N., W. and 30th Place N. W. in Allendale Subdivision. Mr. Robert Springer of 604 -
2nd Street S. W. was present and inquired about running the watermain past Lot 24, whict
is owned by his mother, he said she would have no benefit whatsoever and he figured the
assessment would run about $942.50 and yet she can derive no benefit from it, when the
sewer and water line were put in from the west side of the street there were two
connections left there to take care of this lot and did not feel that they should be
assessed again. C. A. Armstrong, City Engineer, explained that this was a large lot anc
does have sewer and water on the west side but it is a corner lot so the sewer and wat
would also run along the south side which is typical of a corner lot to have it on two
sides, he said if this were just an ordinary size lot the City would pay for 120 feet
on the long side. Mr. Russell Clover of 2016 31st Place N. W. was also present and
objected. 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 Powers,
to proceed with the project and adopt a resolution ordering the improvement to be made
and designating C. A. Armstrong, City Engineer as the engineer on the project, all vote(
in favor.
Hearing on petition to change the zoning districting on Lots 10, 11 and
13, Auditor's Plat "D"-from the R-1 District to the M-1 District (Fertilizer Plant on
5th Street N. W. and 16th Avenue N. W.). The recommendation of the Planning and Zoning
Commission was that the petition be granted approval but it was noted that the fertilize
plant use if first permitted in the M-2 District and as such if the zoning is changed tc
M-1 the plant will be classified as a non -conforming use and thereby subject to the
provisions of Article 16 of the Zoning Ordinance. Mr. D. E. Roddis, the petitioner, wa
present and said one of the reasons for them wanting to come into the City was to get
sewer.and water service, he said they were building a very sophisticated system for
removal of odors and any pollution that goes in the air, their complete plan had been
approved by the Pollution Control Commission and they hoped to have the equipment all in
working order before Thanksgiving, he said they were oiling all the area around to try t
take care of the dust problem; he said they did not know what the chemical content of
the sewage would be but they would not be discharging any more than 15 gallons per minute;
he said the content of the sewage was not known at this time because this was such a new,
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Record of Official Proceedings of the' Common Council
of the City of Rochester, Minn., October 18, 1971
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venture so they would have to wait and take an analysis after it was in operation and then
if.necessary there were additives that could be added -to -the system. 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 Larson, that the property zone be changed to M-1 District
and the City Attorney be instructed to prepare the necessary resolution; all voted in favor.
Hearing on final plat of Toogood Meadow's Subdivision: The recommendation of the
Planning & Zoning Commission was -to approve the plat -and remove this property from the Rural
Service District. •There was no one present wishing to be -heard. President Postier declared
the hearing officially closed. A motion was made by Larson, -second -by Kamper, that the plat
be approved and a resolution•be-adopted approving the plat; all voted in favor.•
A motion was then made by Kamper, second by Strain, that the•City Attorney be
instructed to prepare a resolution removing this land (Toogood Meadow's Subdivision) from the
Rural Service District. The City Attorney said he was•not sure if an amendment to the Law
in the 1971 session, whether or not because of platting if we can remove the property at this
time, he said he believed the law provided for removal of property if improved by the
installation of sewer and water but platting alone does not authorize removal from the rural
service district. A motion was made by Strain, second by Powers, that this matter be tabled
until the next meeting for further investigation by the City Attorney; all voted in favor.
Hearing on final plat of Pougiales' Replat. The Planning & Zoning Commission
recommended approval of the•plat. Mr. George Pougiales, the owner of•the land, was present
and said he was told he couldn't put an addition of roughly 12 x 14 feet onto•the-older building
of the two on the two lots and he was told by the Building and Zoning Inspector that the only
way he could get a building permit to do this was to replat these two lots and he saidthe
only thing he planned to do was add this small addition. There was no one else present wishing
to be heard. President Postier declared the hearing officially closed. A motion was made by
Larson, second by Powers, that the plat be approved and a resoltuion be adopted approving the
plat; all voted in -favor.
Pursuant to certification by the Rochester Police Civil Service•Commission, Mayor Day
submitted the appointment of -Wayne L. Thompson of Route #1, Preston, Minnesota to the position
as patrolman to fill the -existing vacancy on the Rochester Police Department, effective date of
employment to be November 10, 1971. Upon motion by Strain, second by McNary, and all voting
in -favor, the appointment was•approved.
Request of Rochester Pentecostal Church for a permit to conduct an End Time Revival
March through the downtown area on Saturday afternoon, October 23, 1971 aC 3:15 P. M. Upon
motion by Strain, second by Kemper, and all voting in favor, the request was approved.
Upon motion by Strain, second. by McNary, and all voting in favor, a resolution was
adopted referring improvement petition to City Engineer and Public Works Committee -for determin-
-ation of adequacy, feasibility report and recommendation for extension of sanitary sewer and
water mains to serve 11 acre tract in SWk Section 7 Marion Township and 22 acre tract in
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., October 18, 1971
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Section 12 Rochester Township.
Upon motion by Kamper, second by Strain, and all voting in favor,, a
resolution was adopted referring improvement petition -to City Engineer and Public Works
Committee for determination of adequacy, feasibility report and recommendation for sani
sewer, watermain and storm sewer in Apache Drive abutting Lots 1, 2 and 9, Block 2, in
Apache Mall Shopping Center_Subdivision.-
Upon motion by Strain, second by Powers, and all voting in favor, a
resolution -was adopted referring improvement petition to City Engineer and Public Works
Committee for determination of Adequacy, feasibility report and recommendation for sani
sewer and water main to serve Lots 10 and 11 Auditor's Plat D.
Recommendation of the City Planning and Zoning Commission stating that they
. . have approved the -landscaping plan of the K-Mart Shopping Center; this plan is in accord
with the requirements of the Ordinance No. 1296 as it pertains to the screening required
along the west side of 3rd Avenue S. E., a row of 4"-5" diameter trees will be planted
along the west side of 3rd Avenue S. E. and additional landscaping will be provided in t'
parking lot islands as had been requested by the Committee on Urban Environment. A moti
was made by Strain, second by Mayer, accepting the recommendation and authorizing K-Mart
to go ahead with the plan; all voted in favor.
Recommendation of Public Safety Committee that the Council authorize the
Fire Chief or his assistants to make the following decisions: (1) to respond to fire .
fighting assistance calls from other villages and cities within Olmsted County and withou
charge and (2) to respond to fire fighting assistance calls from the Olmsted County
Sheriff's Office to vehicular accidents occuring onstreets and highways within the
Rochester urban area and without charge. Upon motion by Kamper, second by Strain, and
all voting.in favor, the recommendation was approved.
Upon motion by McNary, second by Kemper, and all voting in favor, the
application of Rochester Art Center for a dance permit was approved.
Recommendation of the Committee of the whole that Alderman Kamper, Larson,
Mayer, McNary and Powers be appointed a4he City's voting delegates on the Rochester -
Olmsted Council of Government (ROCOG); ROCOG is organized for the purpose of accomplishi;
greater cooperation in guiding urban growth and development and will be composed of 13
voting delegates and 2 non -voting ditizen delegates, the voting delegates will be - City
of Rochester 5; County of Olmsted 3, Townships 2, Villages 2, and School District 1. A
motion was made by Mayer, second by McNary, that the five City appointments be approved.
A motion was made by Larson, second by Powers, to amend the above motion to substitute
the name of Mayor Day for Alderman Powers and all voted in favor of the amendement.
President Postier then -called for a.vote on the original motion as amended and all voted
in favor.
Upon motion by McNary, second by Strain, and all voting in favor, the
resolution adopting.the 1972 budget was tabled until November 1, 1971.
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of the City of Rochester, Minn., October 18, 1971
Recommendation of Airport Commission that (1) approval of 90% payment to McGhie &
Betts, Inca in the amount of $26,563.44 for engineering services for concrete paving on project
#8-27-0084-10, High Speed Turn Off-#2-6 and (2) that the Mayor be authorized to sign the request
for Grant Payments, on project #8-27-0084-2Q, Estimate #1 for concrete paving on High Speed Turn
Off #24construction project. Upon motion by Larson, second by Mayer, and all -voting in favor,
the recommendation was approved and the Mayor was -authorized to sign the papers.
Application for transfer of liquor license for the Bank Saloon (Roger Daly, Richard
Davitt, Hugh Blee)from 4 North Broadway to 510 - llth Avenue N. W. Upon motion by Strain,
second by Kamper, and all voting in favor, the application was referred to the Public Safety •
Committee.
Applications of Blue-& White Cabs to transfer -three taxicab licenses to three new
1971 Plymouths, application for cigarette license for Carousel Cafe at 1239 - 2nd Street S. W.,
request to transfer 3.2 beer license of National• Tea Company to their new location at K-Mart on
3rd Avenue S. E. and application of National Tea Company for cigarette license at K-Mart on 3rd
Avenue S. E. Upon motion by Larson, second by Mayer, -and all voting in favor, the licenses and
transfers were granted.
Contract bond of Dodge -Alexander, Inc. in the amount of $78,813.00 with Wisconsin
Surety Corporation as surety for improvements in Toogood Meadows Subdivision. Upon motion by
Larson, second by Mayer, and all voting in favor, the bond was approved and the surety thereon
accepted.
Recommendation of Engineering Department that the Council approve the Agency
Agreement in which the City authorizes the State of Minnesota Highway Department to contract
for street improvements on 2nd Avenue Northeast from 2nd-Street N. E. to 7th Street N. E. and
to receive and disburse Federal Funds in behalf of the City, the City agrees to provide the
engineering services on construction,- advance the City's share of the project cost to the State
and pay all costs not reimbursed by State and Federal Aids (estimated State and Federal Aid is
$324,400 and Estimated City's cost is $69,200). Upon motion by Mayer, second by Larson, and
all voting in favor, the recommendation was accepted and=the City Attorney was instructed to
prepare a resolution authorizing execution -of the said agreement. •
Recommendation of Engineering to approve proposal for engineering services by McGhie
and Betts to provide plans, specifications and engineering supervision for basic improvements
in The Meadows First Subdivision, the fees are the usual 7% for plans and specifications and
5% for -staking and inspection. Upon motion by Kamper, second by Strain, and all voting in
favor, the recommendation was -accepted and the City Attorney -was instructed to prepare a
resolution authorizing execution of the said proposal.
Recommendation of Engineering to approve proposal for engineering services by McGhie
and Betts to provide plans, specifications and engineering supervision for basic -improvements in
Toogood Meadows Subdivision, the fees are the usual 7% for plans and specifications and 5% for
staking and inspection. Upon motion by Strain, second by Larson, and all voting in favor, the
recommendation was accepted and the City Attorney was instructed to prepare a resolution
Record of Official Proceedings of the Common Council
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of the City of Rochester, Minn., October 18, 1971
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authorizing execution of the said proposal.
Recommendation of Public Safety Committee re problem of John Adams Junior
High students crossing T. H. 52, a median fence is now under contract to discourage
pedestrians in crossing the highway, therefore, the 19th Street N. W. bridge is the only
crossing for students in the Sunset Terrace.area; the 19th St. N.W. bridge and ramp
intersections are not designed to provide the best protection for pedestrians, the west
intersection is un.signalized, the bridge walkway is.too narrow and the east intersection
does not have crosswalk's~or pedestrian signals and the Committee recommends that the
following action be taken (1) authorize the expenditure of $1500. The City's share
from existing budget or contingency fund to install pedestrian signals at the East
intersection of 19th St. N. W. and T.H. 52 and (2) instruct the City Attorney to prepare
a resolution requesting the State to program and contract for the construction of a
pedestrian bridge over T. H. 52 with 25% City, 25% State, and 50% Federal (TOPICS)
participation no later than 1973. A motion was made by Kamper, second by Strain,
authorizing the expenditure of $1500; all voted in favor. A motion was made by Kamper,
second by Powers, instructing the City Attorney to prepare a resolution requesting the
State to program and_contract for construction of a pedestrian bridge over T. H. `52 (the
City is anticipating Topics funds and this resolution should state that the construction
is, contingent upon receiving Topics Funds); all voted in favor.
Recommendation of Engineering (Traffic) that the short.section of remaining
parking be removed on the.new constructed section of 7th Street N. W. between Valley
Drive to'enable them•to.stripe for four lane operation, although two lanes can handle
the traffic at this time, it would be beneficial to the traffic flow to go to four lanes
which will be necessary.in the near future. Mr. Dolan, Traffic Engineer reported that
this parking was not critical at this time but probably would be in the near future and
if no change is made now the property owners along here should be looking for some way
to take care of their parking in the near future so when the four lanes are necessary it
would be taken care of. No action was taken.
Recommendation of City Planning and Zoning Commission which submitted the
Housing Profile report prepared by the Planning Department and recommending approval
of the recommendations in the report and taking the necessary steps to implement them
at the earliest possible time. A motion was made by Strain, second by Mayer, that this
be tabled until members of the Council receive the report and have a change to study sa
all voted in favor.
A motion was made by McNary, second by Larson, and passed unanimously, that
the semi-monthly bills, list attached, in the amount of $129,189.17 be approved.
Recommendation of Traffic Engineering.that parking be removed on both sides
of 9th Street S. E. between 3rd Avenue S. E. and Broadway in order to stripe four lanes,
this street.was designed to provide four lane operation with no parking. Upon motion by
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Record of Official Proceedings of the'Common Council
of the City of Rochester, Minn., October 18, 1971
Strain, second by Larson, and all voting in favor, the recommendation was accepted and the
City Attorney was instructed to prepare the necessary resolution.
Recommendation of Engineering Traffic that the passenger loading zone on 3rd Avenue
S. W. in front of the -Olmsted County Historical Society be extended from 25 feet to 50 feet,
the increasing number of buses needing parking area dnd the hazard of double parking makes this
request necessary, betideen the hours of 8:00 a. m. and 5:00 p; m. Upon motion by'Kamper, second
by Mayer, and all voting in favor, the recommendation was accepted and the City -Attorney was
instructed to prepare the necessary resolution.
Resolution authorizing and directing Director of Finance to transfer the sum of
$1500.00 from the Contingency Appropriation of the General Fund to the Permanent Improvement
Fund Signals Account. Upon motion-by.Strain, second by Larson, and all voting in favor,
resolution adopted.
Resolution approving engineering agreement-betweerr the City and-McGhie & Betts, Inc.
for the preparation of plans, specifications and engineering services for The Meadows First
Subdivision and authorizing and directing Mayor and City Clerk to sign said agreement. Upon
motion by Mayer, second by Kamper, and all voting in favor, resolution adopted.
• Resolution approving engineering agreement -between the City and McGhie-& Betts, Inc.
for the preparation -of plans, specifications and engineering services for Toogood Meadows
Subdivision and authorizing and directing Mayor and City Clerk to sign said agreement. Upon
motion by Mayer, second by Powers, and all voting in favor, resolution adopted.
Resolution requesting the Commissioner of Highways to program and submit to the City
a contract for the construction of a pedestrian bridge over-T. H. 52 in the vicinity of 19th
Street N. W. with 25% City, 25% State and 50% Federal (Topics) participation -no later than
1973. Upon motion by Kamper, second by Powers, and all voting in favor, resolution adopted.
Resolution that the Land Use Plan be amended by designating for commercial use (1)
Lots 14-19 less the East 250 feet of the following lots: a. the north 82.8 feet of Lot 16 and
b. Lots 17, 18 and 19 (2) Also, beginning Southwest corner Lot 21; thence 205.5 feet East;
thence North to North line said lot; thence•West 257.75-feet, thence Southeasterly to beginning
in Allendale Subdivision.
(3) Also; Lot 24, less East 634 feet/. Upon motion by Larson, second by Kamper, and all voting
in favor except Alderman McNary who voted "nay", resolution adopted.
Resolution declaring the following property to be rural in -character and ordering it
to be included in the Rural Service District effective with the taxes due and payable in 1972:
that part of the NWk of the SWk of Section 11-106-14 lying north of Maywood Road S. W. and
which is presently within the corporate limits of the City of Rochester (Toogood - 7.63 acres).
Upon motion by Strain, second by Larson, and all voting in favor, resolution adopted.
• Resolution removing the following five parcels of land from the Rural Service
District: (1) 5.65 acres in Lands Sec. 3-106-14 Daisy Plummer Property (2) 10.8 acres the
United Building Center Property-in;Lands Sec-. 33-107-14 (3) 0.48 acres in Lands Section 34-
107-14 Industria•1 Opportunities, Inc. (4) 6.0 acres in -Lands Section 36-107-14'Gordon and
Virginia Kranz and (5) 4.15 acres in Lands Section 11-106-14 Jack Day property. Upon motion
Strain, second by Kamper, and all voting in favor, resolution adopted.
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Record of Official Proceedings of the Coininon ' Council
of the City of Rochester, Minn., October 18, 1971
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Resolution putting Valleyhigh Drive N. W. to. Chicago Great Western Railroad
north of 15th Street Northwest into Rural Service District. A motion was made by Strain,
second by Powers,.that the -said resolution be adopted. There was some question as to
whether this land was eligible to be in Rural Service District when it is so close to being
developed. The City Planning Department had been instructed to study this ordinance as it
applied to some of these areas and report back to the Council. A motion was made by Mayer,
for one month
second by Kamper, that this be tabled/until a report is received; all voted in favor.
Resolution approving a revocable permit to William W. Dodge for the
installation of a fence within a sidewalk and utility easement adjoining the premises known
as 1601 - llth Avenue N. E. and authorizing the Mayor and City.Clerk to sign the said
Upon motion by Larson, second by Kamper, and all voting in favor, resolution adopted.
An Ordinance annexing to the City of Rochester, Minnesota certain platted
platted land in Auditor's Plat D (Lots 10, 11 and 13) and designating same as M-1 Zoning
District was given its first reading.
An Ordinance rezoning certain property and amending the zoning ordinance of
the City of Rochester, Minnesota (Lots 1-7, Block 4, Original Plat to the B-lb Neighborhood
Business District) was given its second reading: A motion was made by Kamper, second by
Strain, and all voting in favor except Aldermen"Larson and McNary who voted "nay", that the
said ordinance be adopted as read.
Resolution authorizing and directing Mayor and City Clerk to execute a
contract with the Commissioner of Highways prescribing the terms and conditions of said'
agency in the form as set forth and contained in "Minnesota Department of Highways Agency
Contract Form No. V-S" (traffic operation improvement projects on city streets - MSAS 109
on 2nd Avenue-N. E. from 4th Street N. E. to 7th Street N. E.- and MSAS 109 on 2nd Avenue
N. E. from 2nd Street N. E. to 4th Street N. E.). Upon motion by Larson, second by Strain,
and all voting in favor resolution adopted.
City Attorney Swanson reported - to keep the Council informed on the 9th
Street progress, he met with Robert Hanson from the Public Service Commission and another
engineer from the railroad last Friday and Mr. Hanson indicated that the resolution approvin
the grade crossing was not complete enough because it didn't provide for a median strip
and that the type of signals ordered in the order requires 'a median strip and he also
talked to Mr. Stringer, Attorney for the Railroad, with respect to further exploring the
possibility of putting in gates and the candelebra and he is exploring that avenue and they
are proceeding with instructions.
Mr. Russ Borass with the law firm of Michaels, Bishop, Seeger & Rosenblad,
was present in behalf of Ramada Inn on their property in Golden Hill Addition (Bemel
Property), he said they had presented three petition to the Common Council (1) petition to
annex this land to the City, (2) petition to rezone the property and (3) petition to vacate
a street in.this area which they hoped could become a part of their parking area, he
requested that the Council take action on these which would set the hearings on all three
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Record of Official Proceedings of the Common Council
of the City. of .Rochester, Minn., October 18, 1971
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of these petition simultaneously; -the original petition to_vacate included both sides of the
street and .the west part of the street is still in the township so if the Council agreed he
would prepare another petition to vacate only the East side of the street. " The City Attorney
and Planning Director both said they could see no problems. The Council agreed to his
request of scheduling the hearings.
Upon motion by Larson, second by McNary, and all voting in favor, a resolution was
adopted ordering shearing on December 6, 1971 for the vacation of that portion of the east half
of Phelps Avenue, also -known as 3rd Avenue S. W.'lying adjacent to Lots 3 & 4, Block 3, Golden
lHill Addition, Rochester, Minnesota.
Upon motion by Larson, second by Mayer, and all voting in favor, the meeting was
adjourned.
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C' y Clerk
INFORMATION 10/18/71
1. Minutes of the Standing Committees 10/12/71
2. Summons and complaint have been served upon the City for injury to Brian P.
Kelly who broke his neck while diving into the Soldiers Field Pool.on
July 1, 1970. There are actually two separate suits, one suit by
Brian P. Kelly for $500,000 and one suit by his father Paul Kelly for
$100,000 (referred to Attorney, Insurance, Park Department)
3. Letter from Mrs. Forbes protesting 12 minute parking meters
4. Municipal Court Financial Report for September, 1971
5. Letter of appreciation from Joe Weis re City Contribution towards a convention
bureau
6. Referred to Planning and Zoning:
a. petition to rezone Lots 15 and 16 in Allendale Subdivision from
R-1 to B-3 (Edna Harden)
b. application for a variance to allow the construction of a swimming pool
at 1352 9th Avenue S. E. (John R. Winkels)
c. application for a temporary use of Mayo Park lot for space lot for
parking mobile homes, camper tailers and motor homes during Mayo Civic
Auditorium exhibits (Park Board)
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