HomeMy WebLinkAbout11-01-1971Record of Official Proceedings of the Common Council 209
of the - City of Rochester, Minn., November 1, 1971
•
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 November 1,
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 Kamper, second by Powers, and all voting in favor, the
minutes of the meetings of October 18, 1971 and October 20, 1971 were.approved with the
correction on the minutes of October 18th that on page 7,, line 33, the word be spelled
cantilever instead of candelabra.
Upon motion by Kamper, second by Strain, and all voting in favor, the
appointment of Mr. Maurice Gentz to. the Committee on Urban Environment was approved;
to replace unexpired term of David Grimsrud and to expire September, 1972.
Mr. Clifford Stevens of t7 4th Street S. W. was present in regard to the
2:00 A.M. to 6:00 A.M. parking ban on 4th street which was in front of their place of
business., the Hotel Francis. Upon motion by Mayer, second by Strain, and all voting in
,favor, this, matter was referred to the Public Safety Committee, the to meet with Mr.
Stevens_to try to resolve something. ,
A Letter from Tom Moore, City Planning Director, re evaluation of the
impact that the Urban -Rural Service District Ordinance has had on encouraging large
scale annexations; he said he had talked with Mr.Daving Pennington, Mr. Robert Toddie
and Mr. George Baihly and it.was his conclusiong that the Urban -Rural Service District
Ordinance is having a decided effect, at this time, on encouraging,large scale annexati
of land to'the City of Rochester and this was one of the primary purposes of adopting
this ordinance. The report was ordered placed on file and Mr. Moore was requested to
further make a report on the property that is annexed and a zone change requested on it
and then they still remain or be put in urban -rural service district and only pay the
lower tax but still have a higher zone on it.
Request to transfer the liquor license of the Bank Saloon at'4 North Bdwy.
to 510 - llth Avenue N. W. (the old Faff building). Mr. James Hunter was present and sa
that.he had made plans to.have a pit barbeque rib house and was negotiating for a loan
which included this location, he said he had nothing in waiting on this building but
wanted the Council to be aware that.he had made such plans. `No action was taken at this
meeting, the transfer was to be discussed later at the evening meeting.
, Upon motion by Larson, second by Mayer, and all voting in favor, the City
Attorney was instructed to prepare a resolution authorizing the submission of an
application for an airport master l planning grant, the amount of the grant application
be.$70,000.
Recommendation of Public Safety Committee that a permit be granted to.: Mrs.
.Diane Koreski to exhibit a Llama,in front of the old Olmsted County, Bank Building on
e
�210,.
Record of Official Proceedings of the Common Council
of .the --City of. Rochester, Minn., November 1, 1971 -
E
November 6th and December llth, 1971. Upon motion by Powers, second by Kamper, and all voting
in favor, the recommendation was approved and the permit ordered issued, the said permit to
contain a "hold harmless" clause to the benefit of the City.
• • Recommendation of Airport Commission that (1) approval of payment to McGhie &
Betts for engineering services -on paving project No. 8-27-0084-01-in the amount of $11,044.49
(2) that the Common Council authorize the Mayor to sign Estimate # 2 in the amount of
$135,808.19 and (3) that :i.payment be made to the General Contractor, Doyle.Conner Company in
the amount of $231,056.95. Upon motion by Strain, second by McNary,-and all voting in favor,
the recommendation was approved.
Upon motion by Strain, second by McNary, and all voting in favor, the application
of Rocabo, Inc. for transfer of taxicab license No. 8 to a new 1971 Plymouth was approved.
Upon motion by McNary, second by Mayer, and all voting i�n favor, the contract bond
of Fraser Company, Inc. and The Kruse Company in the amount of $7,271.00 with Fidelity and
Deposit Company of Maryland as surety was approved, the surety thereon accepted and the bond
ordered placed on file.
Recommendation of Public Works.Committee that -the preliminary plan prepared by
the Minnesota Highway Department for improvements on South Broadway from Jct. with T. H. 14
to the South Broadway bridge be approved. Upon motion by Mayer, second by Strain, and all
voting in favor, the recommendation was approved and the City. Attorney was instructed to
prepare a resolution approving the preliminary plan.
Recommendation of Public•Safety Committee that parking be prohibited on the south
side of 7th St. N. W. from the west frontage road, to a point adjacent to the Sanitary Plumbing
and Heating Building. Upon motion by Strain, -second by Kamper, and all voting in favor, the
recommendation was approved -and the City Attorney instructed to prepare the necessary
resolution.
Recommendation -of Public Safety Committee that a resolution be adopted requesting
the Minnesota Highway Department to study and eevelop a plan to improve the.intersection of
of Apache Drive and Highway 14-52 for better traffic control. Upon motion by Larson, second by
Powers, and all voting in favor, the recommendation was approved and the.City Attorney was •
instructed to prepare the necessary resolution.
Recomm4endation of Committee of the Whole that the $100.00 house moving permit fee
be waived.for the Heritage Associates to move ahouse from 527 North Broadway (Whiting House) on
to City owned property near the 7th Street N. E. bridge, owned by Public Utility Department.
Upon motion by Kamper, second by Powers, and all voting in favor, the recommendation was approved
and the fee waived, permission to be on this.property not to exceed one year. Mayor Day said
he was not so concerned with one building being placed here but did not think that any lot
should be filled up with old houses.
Recommendation of Traffic Engineering that a resolution be adopted requesting the
Minnesota Highway Department to undertake a study of -the speed limits on (1) 2nd Street S. W.
between 3rd Ave. S.W. and the city limits (2) 5th St. N. W. between 16th Ave and 4th Ave. (3)
E
Record of Official Proceedings of the -'Common Council
of the City of Rochester, Minn., November 1, 1971
2 1 $'
1
1
1
0
1
7th Street N. W. between llth Avenue and Highway #14. Upon motion by Strain, second by
Powers, and all voting in favor, the recommendation was approved and the City Attorney
was .instructed -to prepare the resolution.
Recommendation of the Finance Committee that a new gas pump with a ticket
printer and key control be purchased fox the dispensing station at the City Scale with
the money to be transferred from the contingency appropriation. Upon motion by Larson,
second by McNary, and all .voting in favor, recommendation was accepted and the purchase
was authorized.
Upon emotion by McNary, second by Kamper, and all voting in favor, the low
bid of Cargill, Inc. for supplying the rock salt for the Street and Alley Department at
$10.60 per ton was accepted.
Alderman Larson introduced and moved the adoption of a Resolution providing!,
for the Public Sale of $1,500,000 Improvement Bonds, Series K; Alderman Mayer seconded
the motion and all voted in favor.
Recommendation of City Planning and Zoning Commission that the East 100 feet
of Lot 5, Block 2, Golden Hill Addition be annexed to the City. Upon motion by Larson,
second by Strain. and -all voting in favor, the recommendation was accepted and the City
Attorney was instructed to prepare an ordinance annexing the said land.
Recommendation of City Planning and Zoning Commission that -the petition to
annex the property located at 1247 15th Avenue S. E. be approved. Upon motion by McNary,
second by Kamper, and -all voting in favor, the recommendation was accepted and the City
Attorney was instructed to prepare an ordinance annexing the said land.
Recommendation of City Planning and Zoning Commission that the request to
close First Street S. W. from 4th to 6th Avenue S. W. be approved. A motion was made by
Larson, second by Mayer, that this be tabled indefinitely until the overall street plan
has been studied further, after discussion the motion and second were withdrawn. A
motion was then made by McNary, second by Powers, that the request be denied; 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 $442,995e54 beapproved.
Upon motion by Larson, second by Kamper, and all voting in favor, a resolu=
tion was adopted authorizing and directing the City Clerk to advertise for bids for
improvements to the County Highway Building, the area to provide office space for the
City Building and Safety Department.
Resolution removing Toogood Meadows Subdivision from the Rural Service
District. Upon motion by Strain, second by Powers, and all voting in favor, resolution
adopted.
Resolution amending the comprehensive parking resolution by adding
Paragraph (170.5) to read as follows:
Secf ba B,No Parking Zones, is amended by adding Paragraph (170.05) to
•
I'A
212
Record of Official Proceedings of the Common Council
of_ the City of Rochester, Minn., November 1, 1971 •
read as follows:
"(170.5) Ninth Street S. E. on both sides between Third Avenue S. E.
and South Broadway at.all times."
Upon motion by Strain, second by Kamper, and all. voting in favor,. resolution adopted.
Resolution amending the comprehensive parking resolution by amending Paragraph
(64) as follows:
Section E, Passenger Loading Zones, Paragraph (64) is amended to read as
follows:
"(64) Third Avenue Southwest on the east side of the street 50 feet
more or less.immediately south of the alley in front of the premises
known as 214 Third Avenue S. W. (Olmsted County Historical Society)
between the hours of 8:00 a.m. and 5:00 p.m."
Upon motion by Mayer, second by Kamper, and all voting in favor, resolution adopted.
Recommendation of City Planning and Zoning Commission stating that on October 27,
1971 the said Commission held a public hearing on a petition to change the zoning districting
on Lots 15 and 16, Allendale Subdivision from the R.1 District to the B-3 District. Considerable
discussion evolved concerning the long term effect that such a change would have on the future
development of the remaining portions of Allendale and on the resulting visual impact that
commercial development would have from the main highway; the Commission feels that U. S. 52
north is the main front entrance to the City and should be kept as aesthetically pleasing as
possibleto leave an impression on those coming to Rochester that the City does care and take
great pride in the -environmental quality that is developed and maintained within its borders;
lengthy discussion was held on the undesirable effect that results from so called "Strip
commercial development" along major traffic arteries and the feeling that once a commercial zone
is established it becomes a forerunner_, to further extensions in the future all to the detriment of th
of the urban environement; they also wish to point out that the Commission has given extensive
and lengthy study to the future land use needs in Allendale over many years before recommending
that the best use of the land located along U. S. 52 north would be medium density residential;
they appreicate that the Common Council saw fit to not follow this recommendation and subsequently
changed the Land Use Plan to incorporate a considerable amount of land for commercial useage
even to a point of accepting two small spot commercial areas; because of this feeling the
Commission acted to table this zone change request at this time; while this matter is tabled
they request that the Common Council reevaluate its decision on the Land Use Plan and
hopefully amend it to indicate this area as being best sutied for future medium density
residential use. Mr. Don Saunders of 2326 16th Avenue N. W. said he was not speaking for the
Planning & Zoning Commission but as an individual and said he was opposed to the commercial
designation along here and felt it should be retained as residential, he also said he thought
the City should exert some leadership in land -use planning and not allow economics to dictate
what type of uses will go where. Mr. Jack Brengman of 1044 19th Avenue N. E. also said he
was speaking as an individual and was opposed to the commercial zone. Mr. Dennis Safe of
1828 34th St. N. W. said he had no comments to make, that he was in full agreement with the
Council's vote. Mr. Harold Brevig of Route #1 said he owned property along tere and had been
unable to sell or even rent it so he was in favor of it being zoned as commercial. Mr. Robert
1
1
0
11
Record of Official Proceedings of the -Common Council
of the City of Rochester, Minn.; November 1, 1971
213,
Suk, Attorney representing some of the property owners in the area also urged that it be
commercial. After a lengthy discussion a motionwas made by Alderman Larson that the
action of the. Common Council be reconsidered but his motion was lost for want of a
second. (The previous action of the Council stands and the Planning &Zoning Commission
will follow through on the application for a zone change).
Resolution approving preliminary plans for improvement of T. H. 59 renumber
T. H. 63 within the limits of the City of Rochester. Upon motion by Mayer, second by
Powers, and all voting in favor, resolution adopted.
• Resolution amending the comprehensive parking resolution by. amending
Paragraph 157 as follows:
Section B, No Parking Zones, Paragraph (157) is amended in its entirety to
read as follows:
"(157) Seventh Street Northwest on the South side of the street from
llth Avenue Northwest to the West Frontage Road of the -Trunk Highway
52; and on the North side of the street from 13th Avenue Northwest
to the west frontage road of Trunk Highway 52".
Upon motion by Strain, second by Kamper, and all voting in favor, resolution adopted.
Resolution requesting Minnesota Commissioner of Highways to study and
develop a plan to improve the intersection of Apache Drive and Highway 14-52 for better
traffic control. Upon motion by Mayer, second by Powers, and all voting in favor,
resolution adopted.
Resolution requesting Minnesota Commissioner of Highways to undertake a
study of the speed limitations on (1) 2nd Street S. W. between 3rd Avenue S.W. and the
city limits (2) 5th Street N. W. between 16th Avenue and 4th Avenue (3) 7th Street N. W.
between llth Avenue N. W. and Highway #14. Upon motion by Mayer, second by McNary, and
all voting in favor, resolution adopted.
Resolution authorizing and directing Mayor and City Clerk to execute the
Joint Agreement between the City of Rochester and Olmsted County for the Emergency
Employment Act, Public Law92-54. Upon motion by Larson, second by Kamper, and all
voting in favor, resolution adopted.
Resolution authorizing Public Utility Board to enter into a purchase order
contract for 1 Cab and Chassis with Interstate GMC Truck Inc. Upon motion by Larson,
second by McNary, and all voting in favor, resolution adopted.
An Ordinance relating to traffic regulations and the penal,tyfor misdemeanors
amending Rochester Code of Ordinances Sections 1.100, and 140.405 (b) (2); repealing
Ordinance No. 1616, Section 7, was given its first reading.
An Ordinance relating to 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, was given its second reading. A motion
was made by Mayer.,, second by.McNary,.to.amend.the.last line_of paragraph 42.0412 to
read:"shal1 be securely anchored.to the ground in such a, manner,as to withstand wind,
pressures specified for such coaches and structures by the city building code"; all vot
in favor of the amendment. A motion was then made by Strain, second by Mayer; that the
ordinance as amended be adopted and all voted in favor.
rz14
Record of Official Proceedings of the' Common Council
of the City of Rochester, Minn., ' November 1, 1971
An Ordinance rezoning certain property and amending the Zoning Ordinance of
the City of Rochester, Minnesota (property located between Valleyhigh Drive N. W. and.the
Chicago Great Western Railroad from.15th Street N. W. to 19th Street N. W. from R-1 to M-1
District) was given its second reading. A motion was made by.Larsoi}, second byP,owers, and
all voting in favor, that the said ordinance be adopted as read and all voting in favor,except
Alderman Kamper who voted "nay",
President Postier declared the.said ordinance duly passed and adopted.
An Ordinance annexing Blocks 1, 2 and 3, DeWitt Addition to.the City .of Rochester,
Minnesota was given its second reading. A motion was made by Mayer, second by Kamper, that
the said-d6idinancerbe.adogted as read, and all voting in.favor, President Postier declared the
said ordinance duly passed and adopted.
Gerald Swanson, City Attorney, reported that he had prepared an ordinance involving
the Rochester Human Rights Commission, a number of changes are being made. He was instrugted
to send copies to each Alderman.
Gerald Swanson, City'Attorney, reported that on'the vacation of -a portion of 5th
Street S. E., he had sent a letter to Mr. Don Sperry of Fullerton'Lumber Company in which he
stated that the appraisal value of the 100 feet of 5th Street S. E. that is proposed to be
vacated is 8;250;00 or 1.10 per sq. ft. and he asked if Fullerton Lumbdr Company is willing
to pay the appraised amount and if so, we would proceed to vacate; he said he had not yet
received an answer.
. Upon motion by McNary,'second by Mayer, and all voting in favor, the meeting was
adjourned until 7:30 o'clock P. M.
The meeting was called to order'again at 7:30 o'dlodk P. M., the following
members being present: President Postier, Aldermen Kamper, Larson, Mayer, McNary, Powers,
Strain. Absent: None.
Hearing on watermain extension along east side of T. H. 52'from 41st Street N. W.
to Pennington Business Park. There was no one present'wishing to be hoard. President Postier
declared the hearing officially closed. A motion was made by'Larson, second by Mayer, to
proceed with the project and a resolution was adopted ordering bids to be opened on November 15,
1971 on the said project;'all voted in favor.
A motion was made by Larson, second by Kamper, that the assessments on the watermain
extension along east side of T. H: 52 from 41st Street N. W. to Pennington Business Park will
be spread over a period•of years; all voted in favor.
Hearing on proposed assessment for sewer and watermain extension in 3rd Avenue
N. E. to Lot 1, Block 1, North Star Subdivision. Mr. Don Rehbein of 2915 East River Road was
present and said that there were about three families on this that were still outside of the
City and he'inquired as to the cost and when it would be paid. He was told that the assessment
was 16.52035 per foot and if and when they were annexed to the City they would be assessed for
• this improvement. There was no one else present wishing to -be heard.' President Postier
declared the hearing officially closed. A motion was then made by Kamper, second by Strain,
J
1
0
11
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., November 1, 1971
1
1
0
1
to proceed with the assessment and a resolution levying special assessments for the
extension of sanitary sewer and watermain to Lot 1, Block 1, North Star Subdivision was
adopted; all voted in favor.
Hearing on proposed:-•assessment'-for�stre,et grading and surfacing, sanitary
sewer, storm sewer, watermain and service connections in 18th Avenue N. W. Mr. Don Close
of 4404 23rd St. S. W. was present and said that their portion of the assessment had been
put'against the balance of the property they owned out there and they would like to have
it put against just that portion that was benefitted. Upon motion by Strain, second by
McNary, and all voting in favor, this hearing was continued to November 15, 1971 (City.
Engineer and City Attorney to see if this property can be divided or the assessment being
put only against the portion abutting).
The matter of parking on 7th Street N. W. was again discussed and a motion
was made by McNary, second by Powers, instructing the City Attorney to prepare a resolut
allowing parking on the South side of 7th Street from T. H. 52 West to Valley High Drive;
all voted in favor, except Alderman Kamper who voted "nay".
Request for transfer of the liquor license for the Bank Saloon at 4 North
Broadway to 510 llth Avenue N. W. was again discussed. Mr. Conrad Ricter of 1200 4th
Street N. W. was present and objected to the liquor license being transferred here, he
presented a petition with approximately 60 signatures of persons living in this neighborh
that were opposed also, they said they felt this was a residential district and it should
not be occupied by bars. Mr. Hugh Blee and Mr. Roger Daly two of the owners were also
present and urged that the transfer be approved. A motion was made by McNary, second by
Kamper, that the transfer of the liquor license be approved to the address of 510 - :tlth
Avenue N. W., and upon roll call Kamper, McNary, Powers and Strain voting "aye" and Larson
Mayer and Postier voting "nay",the motion was carried and the transfer approved.
A resolution approving the agreement between the City and the Chicago and
North Western Railway Company, whereby the parties agree to jointly petition the Minnesota)
Public Service Commission to amend its order of August 17, 1970 to provide for the
construction of a median strip of minimum dimensions, installatin of double gates and such
signal as the Commission may order, and synchronization of the signals with traffic
signals on South Broadway, all to be located at the 9th Street S. E. grade crossing across
the Railway Company and other terms as therein set forth and authorizing and directing the
Mayor and City Clerk to sign same. Upon motion by Strain, second by McNary, and all voting
in favor, the resolution was adopted subject to the temprorary crossing.
Resolution that the City Attorney and any other law firm retained to defend
the actions brought by Paul F. Kelly and Brian P. Kelly are instructed to assert the
defense of governmental immunity to the extent that it may be available. Upon motion by
Larson, second by Powers, and all voting in favor, the resolution was adopted.
Resolution that the City of Rochester be and is hereby authorized and
17J
A
Record of Official Proceedings of the 'Common Council
of the City of Rochester, Minn., November 1, 1971
directed to make application to the Federal -Aviation Administration for an airport master
planning -grant under the provisions of the Airport -Airways Development Act of 1970. Upon
motion by Larson, second by Mayer, and all voting in favor, resolution adopted.
Alderman Larson said he -had received a revised ordinance in regard to
solicitors- and -peddlers from the Chamber of Commercd and61felt something should be done about
this. Gerald Swanson, City Attorney, said he had understood that this would be considered
by the Committee of the Whole at their meeting on November 8, 1971 and he would also review
it in the meantime.
Upon motion by McNary, second by Strain, and all voting in favor, the meeting
was adjourned until 7:30 o'clock P. M. on November 15; 1971.
Cit Clerk
INFORMATION 11/1/71
1. Minutes of Standing Committees 10/26/71
2. Letter from Representative Blatnik re: revenue sharing
3. Letter from Citizens Advisory Committee re: recommendation to Olmsted County Welfare
Board
4. A hearing before the Public Service Commission has been scheduled for 10:00 A. M., on
Wednesday November 3, 1971 for the prupose of cbnsidbring the request of
Jefferson Bus Lines to increase its intercity passenger fares in its
Minnesota operation.
5. Referred to Planning & Zoning:
a. petition to annex property at 1247 15th Ave. S.E. ( Della Spornitz)
b. petition to annex the Pennington Properties and Universal Ford Property
(David Pennington and Clay Ewers - 179 acres)
c. petition to rezone property at 1247 5th Ave. S.E. from R-1 to B-lb (Della Spornitzi
d. -petition to vacate the portion of the east half of 3rd Ave-. S.W. lying adjacent to
Lots 3 and 4. Block 3, Golden Hill (E. J. Hand and Gene:: Bemel)
e.. application for a variance to remodel existing dwelling at 426 2nd Ave. S.W.
(John Prow)
f-. application for a variance to erect three 18' x 36' ground signs at 210 9th
St. S. E. (Olmsted Medical Group)
1
1
1
C1
1
Is