HomeMy WebLinkAbout11-15-1971Record of Official Proceedings of the. Common Council
of the City- of Rochester, Minn., November 15, 1971
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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 15,
1971.
President Postier called the meeting to order at 7:30 o'clock P.M., the
following members being present: President Postier, Aldermen Kamper, Mayer, McNary,
Powers, Strain. Absent: Alderman Larson.
Upon Motion by Mayer, second by.Powers, and all present voting in favor, the
minutes of the meeting held November 1, 1971 were approved.
Hearing on application to vary the setback requirements for a swimming pool
at 1353 9th Avenue S.E. The recommendation of the Planning & Zoning Commission was
that this variance by granted approval. Mr. Lawrence Luke of 1361 9th Ave. S.E. said
there were two pools on this property ;and they were adjacent to his property line, he
objected to these pools because they did not meet the requirements of the ordinance,
there was a nuisance factor here and he felt they would be a hindrance if he tried to
dispose of his property and requested that the variance be denied. John Winkels of
1353 9th Avenue S.E., ;the petitioner, said he was not aware of the ordinance but before
commencing work on his pools and fence he had approached the neighbors and had met no
objections, he presented pictures of the pools and fence and also a petition signed by
17 of his neighbors encouranging approval of the variance. Mr. Donald Coffman of 858
13k Street S.E. and Mr. Robert Hicks of 1367 9th Avenue S.E. were each heard in favor
of the application for a variance. There was no one else present wishing to be heard.
President Postier declared the hearing officially closed. A motion was then made by
Strain, second by McNary, that the recommendation of the Planning & Zoning Commission be
accepted and the variance approved and the City Attorney be instructed to prepare a
resolution granting the variance; all present voted in favor.
Hearing on application for approval of a temporary use permit to use. Mayo
Park parking lot for parking travel trailers associated with auditorium events. There
was no one present wishing to be heard. President Postier declared the hearing officially
closed. A motion was made by Powers, second by Kamper, that the application be approved
and the City Attorney was instructed to prepare a resolution granting the temporary use;
all present voted in favor.
Hearing on proposed assessments for street grading, sanitary sewer, storm sewer,
watermain and service connections in 18th Avenue N. W. from Cascade Street to 33rd Street
N. W. Recommendation of C. A. Armstrong, City Engineer, stating that the property owner,
Carl W.Elford, of a large metes and bounds parcel (designated as Plat 5170, Parcel 01600,
Section 22, Township 107 on the property list) affected by the above assessment project has
determined to partition said large parcel into 4 separate tracts and has written a separate
description for each partition; he has also requested that the assessment levied on account
of the improvements on 18th Avenue be levied only against the tract which they benefit; the
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21B Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., November 15, 1971 ' , •
tract described in the attached description labeled "Partition #2 fronting on 18th Avenue N.W."
is the land which is particularily benefitted by the proposed assessment, and against which
the assessment amount in the amount of $14,530.18 should be levied. Mr-. Don Close of 404 -
23rd Street S. W. was present and spoke for himself and Mr. Elford the owners of the property
in question', he said they had had their property divided into four different parcels and
requested that the assessment be levied just against the one parcel benefitted by this
assessment. Mr. Close was told that the assessment would be levied as proposed against the
one whole parcel and when the division of their property is made and recorded at the Court
House a resolution would be adopted revising the description in the assessment. 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 Mayer; to proceed with the assessment and a
resolution be adopted levying the said assessments; all present voted in favor.
Hearing on application for a variance to allow three double face traffic
directional ground signs to be located inside the property at 210 9th Street S: E. There was
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no one present wishing to be heard. President Postier declared the hearing officially
closed;' A motion was made by Strain, second by'Kamper, that the application be approved and
the City Attorney was instructed to prepare a resolution granting the variance; all present
voted in favor.
Mayor's appointment of Everett Humke as a member of the Library Board to fill the
unexpired term of Vincent Huyber; term of office to expire the third Saturday'in July, 1972.
Upon motion by Kamper, second by Powers, and all present voting in favor, the appointment
was confirmed.
The Mayor's appointment of the following to a committee to study methods of
managing the Sewerage System: Alderman Joseph W. Mayer of 215 8th Ave. N. W.; Richester L.
Towey of 507 3rd St. S. W. - County Commissioner; Dr. David G. Hanlon of 1020 loth St. S. W.
M.D..Mayo Clinic; Richard V. Ehrick of 1504 13th Avenue N. E. - Attorney; Gordon Yeager of
1314 East Center Street - Sports Writer, Post Bulletin; George C. Bailey, Jr, of 533 17th
St. N. W. - Owner Partner, Fraser Company; Robert N. Hague of 3833 4th Place N.W. - AFL Rep.
Plumbers & Steamfitters Union. Upon motion by McNary, second by Strain, and all present
voting in favor, the appointments were approved.
Application of Peoples Natural Gas Division of Northern Natural Gas for a gas
rate increase. A motion was made by Strain, second by Kamper, that a rate increase of 7%
be granted, that the Council give consideration to further increases in cost of capital not
impairing the working capability of the company and that is given'on a fair -value rate base
to reflect the deduction of unamortized investment tax credit and deferred income tax -accelerated
depreciation, and that the City Attorney be instructed to prepare an ordinance granting the
rate increase; all present voted in favor.
U pon motion by Strain, second by Mayer, and all present voting in favor, the
request extending the retirement date of Alfred Heyn from December 17, 1971 to April 30, 1971
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was approved.
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., November 15, 1971
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Upon motion by McNary, second by Mayer, and all present voting in favor, the
City Attorney was instructed to prepare an ordinance amending the Uniform Building Code,
Section 1602 (a) -and 1603 (a). -.Exception: Group I and J occupanices located in R zoning
Districts and within the limits of Fire Zone 1 or.2 may be constructed as required for Fire
Zone 3. (Recently there have been instances when the Building and Safety Department has been
legally prohibited from issuing building permits for proposed residential additions and
garages when such strucutires havebeen located within the limits of Fire Zone 1 and have been
proposed to be constructed of wood frame; while there.are definitely areas within this Fire
Zone that should.not permit wood frame construction, it likewise appears that certain areas
with residential zoning districts could safety permit construction as required for Fire Zone
3; it is intended that the following proposed !:amendment would provide some relief to the
property owners as long as their property remains in an R zoning district; it is further
recognized that the proposed amendment is not necessarily the ultimate solution to the Fire
Zone problem, but that it will suffice while more detailed studies and evaluations are
performed).
Upon motion by Strain, second by Powers, and all present voting in favor,
the application of Ben Sternberg for a dance permit and the two applications of Lysne
Construction for a permit to move (a) 1k story house from 710 llth Ave. N.W. to 504 14th St.
N.E. and (b) 2 story house from 527 North Broadway to corner of 2nd Ave.N.E. and 7th St. N.E.
were each approved.
Recommendation of Public Works Committee that the Council initiate a local
improvement project titled "sanitary sewer to serve DeWitt's Subdivision". Upon motion by
Mayer, second by Kamper, and all present voting in favor, .two resolutions were adopted (a)
resolution referring proposed improvement for feasibility report and recommendation and (b)
resolution receiving preliminary report, ordering a public hearing and directing preparation
of plans and specifications and the -matter of Federal Aid application was referred to the
Assistant Administrator for evaluation.
A motion was made by Kamper, second by Powers, instructing the City Attorneyl
to prepare a resolution requesting the Commissioner of Highways to construct a pedestrian
bridge over T. H. 52 in the vicinity of 26th Street N. W. and that this project is considered
to be a High Priority Topics Project and that the City agrees to participate butonly up to
25%; all present voted in favor.
Upon motion by Strain, second by McNary, and all present voting in favor, a
resolution was adopted approving and accepting assignment of subsituted securities in
collateral in lieu of a depository bond from Northwestern National Bank.
Upon motion by McNiry,' 'second by Mayer, and all present voting in favor, a
resolution was adopted authorizing and directing the City Clerk to advertise for bids for
furnishing the year's supply of gasoline and hauling of gasoline.
Recommendation of City Planning and Zoning Commission that the Official S
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., November 15, 1971
Map for Allendale Subdivision be revised, that the southern portion of the mapped street to
be known as 20th Avenue N. W. be deleted from the official map.from the north line of Lot 19,
Allendale Subdivision to its intersection with 19th Avenue N. W. to the south and it be
relocated along the north line of Lot 19, Allendale Subdivision. Upon motion by Kamper,
second by Powers, and all present voting in favor, the recommendation was approved and the
City Engineer was instructed to make the necessary revision to the Official Street Map.
Recommendation of City Planning and Zoning Commission stating that they had
considered the entire Urban -Rural Service District Ordinance as it is currently applied in
relation to recent amendments to the basic Minnesota Statute permitting cities to establish
urban and rural service districts, the latest amendment to the state law now allows undeveloped
platted land.to be designated as a Rural Service District and they recommend that this change
be made. Alderman Mayer moved to deny the change in the ordinance and his motion was lost for
want of a second. A motion was then made by McNary, second by Strain, to accept the
present
recommendation.and instruct the City Attorney to prepare.the necessary resolution;.all/voted
in favor except Aldermen Mayer and Postier who voted "nay".
A motion was made by McNary, second by Kamper, that the semi-monthly bills, list
attached, in the amount.of $455;A01.12 be approved; all present voted in favor.
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Recommendation of City Attorney that Opal Stellmacher owner of the premises
known as 318 3rd Avenue N. W. was advised by letter dated August 26, 1970 from the Director.
of Building and Safety to remove the hazardous building on the property but nothing had been
done. Upon.motion by Powers, second by Kamper, and all present voting in favor, the City
Attorney was instructed to prepare a resolution ordering and.directing the owner to raze or
remove the building within 45 days.
Resolution amending the.parking resolution as follows:
"Section B, No Parkin&,Zones, Paragraph (153) is amended in its entirety
to read as follows:
"(153) Seventh Street Northwest on the north side of the street from
thewest frontage road of Trunk Highway 52 west to the Chicago Great
Western Railway tracks; and on the south, side of the street from
Valley High Drive to the Chicago Great Western Railway Tracks at all
times."
Upon motion by Mayer, second by IMcNary,and all present voting in favor, resolution adopted.
Resolution amending Land Use Plan designating property in Allendale Subdivision
as Medium Density Residential Use. Upon motion by Kamper, second by Powers, and all present
voting in favor except Alderman McNary who voted "nay", resolution adopted.
Resolution levying assessments for sidewalks constructed or rebuilt during the year
1971 ($99.76). Upon motion by Strain, second by Mayer, and all present voting in favor,
resolution adopted.
Resolution leyving assessments for destruction of noxious weeds during 1971
(178.20). Upon motion by Strain, second by Mayer, and all present voting in favor, resolution
adopted.
Resolution -levying assessments for removal of snow from sidewalks during the
year 1971 ($885.56). Upon motion by Strain, second by Mayer, and all present voting in
Record of Official Proceedings of. the Coriirnon Council
of the City of Rochester, Minn., November 15,. 1971
2231:
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favor, resolution -adopted.
Resolution granting variance for setback requirements for swimming pools at
1353 9th Avenue S. E. .(Lot 1, Block 6, Meadow Park 2nd Subdivision). Upon motion by Strain;
second by Powers, and all present voting in favor, resolution adopted.
Resolution.approving temporary use of Mayo Park to park travel trailers
associated with Auditorium events (12 months). Upon motion by Mayer, second by Kamper, ands
all present voting in favor, resolution adopted.
Resolution granting variance to allow three double Mace traffic directional
ground signs at 210 9th Street S. E. (Lot 1, Bracken Mead Subdivision). Upon motion by
Strain, second by Powers, and all present voting in favor, resolution adopted.
Resolution requesting Commissioner of Highways to program and submit to the
Citry:_a=�contrac.t for._: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 Mayer, and all present voting in favor,
resolution adopted.
Resolution approving City -Owner contract for sanitary sewer and watermain
improvements to Town & Campus Development of Phase I, Pennington First Subdivision. Upon
motion by Kamper, second by Strain, and all present voting in favor, resolution adopted.
Resolution approving license agreement between City of Rochester and
Patricia Richardson. Upon motion by McNary, second by Mayer, and all present voting in
except Alderman Kamper who voted "nay",
favor` resolution adopted.
Resolution ordering building at 318 Third Avenue N. W. to be removed (Lot 8,
Block 58, Original Plat). Upon motion by Mayer, second by Powers, and -all present voting
in favor, resolution adopted.
An Ordinance annexing to the City of Rochester:,Lots 10, 11 and 13, Auditor'F
Plat "D", County of Olmsted, State -of Minnesota, was given its -second reading. A motion wa;
made by Mayer, second by Powers, that the said ordinance be adopted -as read and all present
voting in favor, President Postier declared the said ordinance duly passed and adopted.
An Ordinance relating to building requirements in Fire Zones, amending Sec.
1602 (a) and 1603 (a) of the Rochester Building Code as enacted by Ordinance No. 1455, was
given its first reading. A motion was made by-McNary, second by Strain, and upon roll call
and all present voting in favor, the rules were suspended and the ordinance was given its
second reading. A motion was made by Strain, second by McNary, that the said ordinance be
adopted as read, and all present voting in favor, President Postier declared the said
ordinance duly passed and adopted.
Gerald Swanson, City Attorney, said the Council had been served with copies
of the alternative writ issued by the District Court of Olmsted County and he would assume
that unless he was instructed otherwise that .the Common Council would want him to prepare
an answer to the writ defending the cities position allowing only the 5�?X pay raise. He
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., November 15, 1971
was instructed to proceed.
Upon motion by Powers, second by Mayer, and all present voting in favor, the
meeting was adjourned until 12:00 o'clock noon on November 16., 1971. .
C y Clerk
INFORMATION 11/15/71
1. Minutes of Standing Committees 11/8/71
2. Letter from Tom Moore re: Urban Rural Service District Ordinance
3. Amended order of Public Service Commission concerning 9th Street S. E. corssing
4. Notice of hearing on Jefferson lines application to increase its Minnesota fares has
been continued to Tuesday, December 21, 1971 at 10:00 a.m. in St. Paul
5. Letter from Dayton's re bicycle racks
6. Letter from Ray Lappegaard re pedestrian overcorssing on T. H. 52 North
7. The Mayor & Common Council as representatives of the City of Rochester have received
an Order for Alternative Writ of Mandamus requiring either that the City
establish a 7.5% pay increase for the policemen or show cause at a hearing
to be held December 4, 1971 at 9:30 A. M. why the City should not pay said
increase.
8. Referred to Planning and Zoning:
a. application to place the property owned by Pennington Properties & Frederick J.
Pennington Trust now in the process of being annexed in the rural service
district (David Pennington)
b. notice of appeal from action of Zoning Inspector in denying the application for
a permanett sign permit (Patricia.'.Richardson-"The Toadstool")
c. application for variance at 122o 5th St. S. E. (Mrs. Violet Wilder)
d. application to rezone property abutting Longfellow school on the west and DeWitt
Subdivison on the south from R-1 to R-3 District (RobertConway)
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