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HomeMy WebLinkAbout12-20-1971Record of Official Proceedings of the Common Council of the City of Rochester, Minn., December 20, 1971 1 E J 1 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 December 20, 1971. President Postier called the meeting to order at 7:30 o'clock P. M., the following members being present: President Postier, Aldermen Kamper, Larson, Mayer, McNa Powers. Absent: 'Alderman Strain. . Upon motion by Kamper, second by Powers, and all present voting in favor, the minutes of the meeting of December 6, 1971 were approved. Continued hearing on petition to rezone property at 227 and 301 14th Avenue S. W. from the B-lb District to the R-1 District. A letter signed by Marion Schleif, the petitioner, requesting that his petition be withdrawn was presented, so President Postier closed the hearing and no action was taken. Hearing on local improvement project for sanitary sewer to serve DeWitt Subdivision. Mr. Myron Jostock of 2022 15th Street S. E. was present and inquired what they were being charged for trunk line extension and watermain; C.A. Armstrong, City Engineer explained that the project.under consideration now was only for sanitary sewer but there was a deferred assessment for trunk line extension and watermain and they had estimated the cost to be about $15.00 per front foot and this would include the share for the trunk line, but does not include extensions for services. Mr. Jarmaine Peterson of 2044 15th St. S. E. was present and inquired if this project would be completed this year. Mr. Armstrong informed him that if this were approved immediately it could be done next year and that was the plan right now. 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 Layer, to proceed with the project and a resolution be adopted directing and authorizing the City Engineer to prepare the necessary plans; all present voted in favor. Hearing on application to vary the required rear yard as it applies to property located at 524 llth Avenue N. W. The Planning & Zoning Commission recommended approval of the variance. There was no one present wishing to be heard. President Postier declared the hearing officially closed. A.motion was made by McNary, second by Powers, that the recommendation be approved and the City Attorney be instructed to prepare a resolution granting the variance; all present voted in favor except Alderman Mayer who voted "nay". . Hearing on.appliation for a conditional use -to authorize the construction of a two family dwelling at 524 14th Street N. E. The recommendation of the Planning & Zoning Commission stated that this property.is situated in an R-1 District and fronts on a street that is designated as a primary thoroughfare on the city's adopted thoroughfare plan, the lot has over 6,000 square feet of area and over 60 ft. of frontage and as such meets the qualifications of the Zoning Ordinance to allow a two family dwelling to be constructed in the R-1 District and based onthese findings they recommend that this application be granted approval. Mr. David Alexander, the petitioner, was present and urged approval. There was 0 2-38 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., December 20, 1971 E no one else present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by Kamper, second by McNary, and all present voting in favor, the recommendation was approved and the City Attorney was instructed to prepare the necessary resolution. - Hearing on petition to change the zoning districting on property located in the SW'k of Section 7, Marion Township from the R-1 District .to the R-3 District (Conway. Property). Mr. William Price, Attorney was present representing the petitioner Mr. Conway. Alderman Mayer stated that this was in connection with another item on the agenda which the Public Works Committee passed on in regard to sewer but thought it should be noted that this would cost the • City a lot of money. There was no one else present wishing to be heard. President Postier declared the hearing officially closed. A.motion was made by Powers, second by McNary, that the zone change be approved and the City Attorney be instructed to prepare the necessary ordinance. Alderman Larson said he was concerned about the fringe area that is obviously going to require fill and wondered if they were prepared to do this or if they are going to apply for a variance in order to -build in that area, it was crowding into the flood plain area and the new zoning ordinance was opposed to this. Mr. Price said that Mr.Conway has some plans for this tract, it is an ll.acre tract which he exchanged for a 22 acre tract which he deeded to the City for park purposes, he has to put it to some reasonable use and it has less reasonable use as a single .family dwelling area, he said he understood this 11 acre tract was outside the flood plain area and he wants to.put it to the best use he can, they have to take this one step at a time and had to make application to change the zoning and the next step would be taken after the zone_ change is approved,.this would be for platting and extension of sewer and water; he said he knew of no other plans for the remainder of the land Mr. Conway owns but he could not speak for j the other property owners, but he said Mr. Conway did not want to Agend money for engineering if the zone change were not approved. President Postier said at the meeting of the Committee of the Whole it was the concensus of opinion that the City could not afford to run sewer and water out to this area. A motionwas made by Alderman Larson that this be tabled for 60 days but his motion was lost for want of a second. After further discussion, President Postier asked for a vote on the original motion and all present voting in favor except Larson and Postier, the • motionwas carried and the City Attorney was instructed to prepare the ordinance. Hearing -on designation of Pennington Business Park as a b-3 District. The recommendation of the Planning & Zoning Commission was for approval: There was no one present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by Kamper, second by Mayer, that the recommendation be approved and the City Attorney was instructed to prepare the necessary ordinance. Hearing on proposed amendments to the Subdivision Ordinance (No. 1558) pertaining to Subdivisions in the Flood Plain. ,There was no one present wishing to be heard, President Postier declared the hearing officially closed. A motion was made by Larson, second by McNary, that the Amendments be approved and the City Attorney be instructed to prepare the necessary Record of Official Proceedings of the -Common Council of the City of Rochester, Minn., December 20, 1971 239� 1 1 i ordinance.- Mr. Tom Moore, Planning Director, reported that it was not necessary to placl money in escrow to-guarrantee perfrormance of this agreement. A motion was made by Mayer, second by Kamper, to amend the original motion that the following be stricken from the Paragraph " and places a sum in escrow sufficient to guarantee performance of this. agreement" (lines 20 and 21 of reoommendation) and all present voted in favor. President Postier then called for a vote on the origina motion as amended and all present voting in favor, the City Attorney was instructed to prepare the necessary ordinance. Hearing on proposed amendments to the Zoning Ordinance of the City of Rochester (Revised November 1971). Mr. Joe Weis, Chairman of a Committee appointed to review the amendments to the Zoning Ordinance, the committee represents the Rochester Home Builders Association, the Rochester Contractors Association primarilythe general contractors of the City and the Board of Realtors, said they had reviewed the proposed ordinance and recommended the following changes (a) provide broader authority for the zoning administrator to grant trivial variances (b) increase the land use intensity ratios to allow more residential units for the same sized land area as incentive to construction downtown (c) provide an appeals procedure to the proposed phasing out of non -conforming uses (d) eliminating the provision calling for annual review of the progre being made in planned -unit developments and (e) eliminating provisions allowing public buildings to be erected in any zone. Mr. Emrold Thiem and Mr. J. B. Yearous were each heard on the section of the ordinance regarding signs, Mr. Thiem stated that if the ordinance were passed as written their company would be put out of business. After hearing those present a motion was made by McNary, second by Mayer, that the hearing -be continued until March 6, 1972 at 7:30 P. M. and all present voted in favor of the motion. Upon motion by McNary, second by Larson, and all present voting in favor, a recess was declared at 9:10 P. M. The meeting was called to order again at 9:20-P. M. with,all members being present except Alderman Strain. Mrs-. Pat Richardson, owner of the Toadstool at 314 1st Avenue S.W., was present and stated that she had received a notice from the Zoning Inspector that her sign did not comply with the ordinance -and she thought she had done her part. She was told that sign did not comply and she had been told to remove the sign and had been given 60 days to comply with the ordinance. ;.dyer Day was-.,to.meet with.'. -Mrs.. Pat .Ric'hardson and try to -get this problem -worked out.. Upon motion by Kamper, second by Powers, and all present voting in favor, the following reappointments by Mayor Day were approved: To the Music Board, term of 3 years, expires January 1, 1975 Franklin S. Ruhl of 1315 15th St. Northeast - At Large Earl Welhaven of 409 13th Avenue Northwest - 3rd Ward Richard Husband of 1820 26th Street Northwest - 6th Ward Planning & Zoning Commission, t" of office 3 years, expires 12-31-74 • Albert J. Tingley of 204 6th Avenue Southeast Robert Gill of 1677 7k Avenue Northwest Building Code, Board of Appeals, term of office 2 years expires 11-1-73 Franklin F.Borg of 900 18th Avenue Northeast Bernard Kirckof of 1058 19th Avenue Northeast ss 0 F'240 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., December 20,. 1971 Upon motion by Powers, second by Larson, and all -present voting in favor, the ity Attorney was instructed to prepare an amendment to the Liquor Ordinance to provide a inimum requirement of 100 rooms for the issuance of a Hotel -Restaurant on -sale liquor license (the minimum requirement is now 150 rooms). Upon motion byKamper, second by Powers, and all present voting in favor, a ring was set for January 3, 1972 at 7:30 o'clock P. M. to -determine the need for a Local Housing Authority and the City Attorney was instructed to prepare the necessary resolution. Upon motion by Powers, second by Kamper, and all present voting in favor, the lication of Milton Bond for permits to hold dances on behalf of the Youth Center on (December 23 and 28, 1971 at the Minnesota National Guard Armory and January 7 and 21, 1972 lin the North Hall of the Mayo Civic Auditorium was approved. Upon motion by Larson, second by Powers, and all present voting in favor, the lapplication of Robert M. Babcock for a "off sale" 3.2 beer license to be located at the lParkside Trailer Court was approved (Mr. Babcock now holds a county license which will expire (January 1, 1972 and this area has now been annexed to the City so he must have a city license),. Upon motion by Mayer, second by Powers, and all present voting in favor the lfollowing licenses were approved: (1) renewal of taxicab licenses of Blue & White Cabs (18) land Rochester Yellow Cab Corporation (31) and (2) license to sell cigarettes of Hotel Virginia and Parkside'Grocery. Upon motion by Mayer, second by Powers, and all present voting in favor, the application of Happy Warrior for a Sunday Liquor License was referred to the Public Safety Committee and the City Attorney. Upon motion by Larson, second by-Kamper, and all present voting in favor, the contract bonds of Town & Campus International, Inc. in the amount of $31,477.95 with United States"Fidelity and Guaranty Company as surety and Floyd -Larson Construction Company in the amount of $66,542.00 with Wisconsin -Surety Corporation as surety, were each approved.. Upon motion by Larson, second by Kamper, and all present voting in favor, the (City Attorney was instructed to prepare a resolution accepting the dedication of an easement for street right of way on the proposed Northern Hills Drive N. E. Upon motion by McNary, second by Powers, and all present voting in favor, a resolution was adopted approving the proposal for engineering services between the City and Yaggy Associates for public portion of sanitary sewer and watermain to Town and Campus Development of Phase I, Pennington First Subdivision and authorizing Mayor and City Clerk to execute same. Upon motion by Larson, second by McNary, and all present voting in favor, a resolution was adopted approving the proposal for engineering services between the City and Yaggy Associates for watermain extension along the east side of T. H. 52 from 41st Street N.W. to Pennington Business Park and authorizing the Mayor and City Clerk to execute same. 1 I I 0 Record of Official Proceedings of the - Common` Council of the City of Rochester, Minn., December 20, 1971 24,17 0 1 n 1 1 Upon motion by Mayer, second by Powers, and all present voting in favor, a resolution was adopted approving the proposal for engineering services between the City and Kirkham, Michael & Associates, Inc. for construction of sanitary sewer and watermain from 16th Street S. W. to Green Meadows Second Subdivision and authorizing the Mayor and City Clerk to execute same. Upon motion by Larson, second by Powers, and all present voting in favor, the low bid of American Oil Company, Standard Oil Division for supplying gasoline in transport lots to the City bulk tank at $.11959 per gallon and for delivery.to the various dispensing stations at $.0074 per gallon was accepted and the Mayor and City Clerk were authorized to execute the contract. Upon motion by.,Kamper, second by McNary, and all present voting in favor, a resolution was adopted approving and accepting assignment of substituted securities in collateral in lieu of a depository bond from Olmsted County Bank & Trust Company. Recommendation of Finance Committee that as of 1-16-72 the City increase its premium for employees hospitalization by 6%, this will result in a payment of approximately $8,300 more than budgeted and that the City pay 65% of the dependent hospitalization for employees effective 1-16-72. Upon motion by Larson, second by McNary, and all present voting in favor, the recommendation was approved. A motion was made by Powers, second by Larson, and passed unanimously by all present, that the semi-monthly bills, list attached, in the amount of $492,749.03 be approved. Mr. Robert Gill requested approval and issuance of a building permit,for a dwelling located at 2551 Northern Hills Court N.E. , the Building Code requires that street; sewer and water projects serving the area be under contract for construction and the City Engineer indicates that this project will be advertised and contracts lets in the near future,•the permits will be issued with (1) building must not be occupied until final approval and installation of the high level water system and sewer have been completed and (2) the owner assumes all risks and responsibility for any damages that may be incurred as a result of such water and sewer systems not being installed. Upon motion by Powers, seconc by Mayer, and all present voting in favor, the request was approved on the lot specified and the lots on the north section of Northern Hills Drive. Upon motion by Mayer, second.by Powers, and all present voting in favor, two resolutions were adopted in regard to street improvements on 3rd Avenue S. E. from 16th Street S. E. to T. H. 63 South (a) resolution referring proposed improvement fpr feasibility report and recommendation and (b) resolution receiving preliminary report, ordering a public hearing and directing preparation of plans and specifications. , An Ordinance rezoning the property at 711 and 713 2nd Avenue N. W. (North Half East 25ft of Lot 21 and North 50ft of Lot 22, Block 12, Northern Addition) from B-la to R-2 and from R-:1 to B-la (Mac's Grocery Store) was given its first reading. �J 242. Record of Official Proceedings of the Common Council of the City of Rochester, Minn., December 20, 1971 An Ordinance rezoning the property at 1247 15th Avenue'Southeast from the R-1 District to B-lb District (Della Spoinitz) was given its first reading. An Ordinance rezoning Lots 15 and lb, Allendale Subdivision from the R-1 District to B-3 District (Edna Harden) was given its first reading. Upon,motion by Kamper, second by Powers, and upon roll call and all present voting in favor,, the rules were suspended and the ordinance was given its second and final reading.A motion was made by Kamper, second by Powers, that the said ordinance be adopted as read and all present voting in favor, President Postier declaved the said ordinance duly passed and -adopted. Resolution providing for a hearing to determine the need for a Housing and Redevelopment Authority to Function in Rochester, Minnesota. Upon motion by Larson, second by Mayer, and all present voting in favor, resolution adopted. Resolution authorizing Public Utility Board to enter into contract with Peoples Natural Gas for furnishing natural gas. Upon motion by Larson, second by McNary, and all present voting in favor, -resolution adopted. Resolution authorizing the owners'of the premises at 701 North Broadway to sell and display outdoors certain merchandise on the existing ledge adjacentto the service station building not more than one item of each type of merchandise in,a neat manner without stacking. Upon motion by Mayer, second by Powers, and all present voting in favor, resolution adopted. Resolution accepting dedication of street right of way on Northern Hills Drive N. E. Upon motion by Larson, second by Kamper, and all present voting in favor, resolution adopted. , Upon motion by Larson, second,by Kamper, and all present voting in favor, the City Attorney was authorized to institute two civil actions (1) against Lowell Henry Williams in the amount of $252.82 for damate to a public utility truck and (2) against Marvin Smith owner of vehicle involved and David Hayden driver of vehicle in the amount of $933.90 for damage to a patrol car. - An Ordinance annexing to the City of Rochester certain platted lands in the Golden Hill Addition and also changing the zoning to B-3 General Business District (,Robert Campbell ) was given its first reading. Upon motion by Larson, second by Powers, and all present voting in favor, the rules were suspended and the ordinance was given its second and final reading. A motion was made by Larson, second by Mayer, that the said ordinance be adopted as,read and all present voting in favor, the said ordinance was duly passed and adopted. Upon motion by Mayer, second by Powers, and all present voting in favor, the meeting was adjourned. INFORMATION 12/20/71 Cit Clerk 1. Minutes df Standing Committees 12/13/71 2. Claim for Damage - Mrs. Donald Mackey of 1007 loth Ave. N.E._ . -Financail reports of Rocablco, Inc. and Yellow Cab Co. Municipal Court Financail Report for November, 1971 5. Referred to Planning (a) application for a variance at 524 llth Ave. N.W. and (b) application for conveyance of property by metes and bounds - part of Lots 11, 12, and 13, Block 1, Country Club Manor 1st Addition 1 • 4 1 • 9 b Record of Official Proceedings of the -Common, Council 241 of the City of Rochester, Minn., December 20, 1971 I� • 1 1 Upon motion by Mayer, second by Powers, and all present voting in favor, a resolution was adopted approving the proposal for engineering services between the City and Kirkham, Michael & Associates, Inc. for construction of sanitary sewer and watermain from 16th Street S. W. to Green Meadows Second Subdivision and authorizing the Mayor and City Clerk to execute same. Upon motion by Larson, second by Powers, and all present voting in favor, the low bid of American Oil Company, Standard Oil Division for supplying gasoline in transport lots to the City bulk tank at $.11959 per gallon and for delivery.to the various dispensing stations at $.0074 per gallon was accepted and the Mayor and City Clerk were authorized to execute the contract. Upon motion by.Kamper, second by McNary, and all present voting in favor, a resolution was adopted approving and accepting assignment of substituted securities in I collateral in lieu of a depository bond from Olmsted County Bank & Trust Company. Recommendation of Finance Committee that as of 1-16-72 the City increase its premium for employees hospitalization by 6%, this will result in a payment of approximately $8,300 more than budgeted and that the City pay 65% of the dependent hospitalization for employees effective 1-16-72. Upon motion by Larson, second by McNary, and all present voting in favor, the recommendation was approved. A motion was made by Powers, second by Larson, and passed unanimously by all present, that the semi-monthly bills, list attached, in the amount of $492,749.03 be approved. Mr. Robert Gill requested approval and issuance of a building permit,for a dwelling located at 2551 Northern Hills Court N.E. , the Building Code requires that street. sewer and water projects serving the area be under contract for construction and the City Engineer indicates that this project will be advertised and contracts lets in the near future, -the permits will be issued with (1) building must not be occupied until final approval and installation of the high level water system and sewer have been completed and (2) the owner assumes all risks and responsibility for any damages that may be incurred as a result of such water and sewer systems not being installed. Upon motion by Powers, seconc by Mayer, and all present voting in favor, the request was approved on the lot specified and the lots on the north section of Northern Hills Drive. Upon motion by Mayer, second by Powers, and all present voting in favor, two resolutions were adopted in regard to street improvements on 3rd Avenue S. E. from 16th Street S. E. to T. H. 63 South (a) resolution referring proposed improvement for feasibiliti, report and recommendation and (b) resolution receiving preliminary report, ordering a public hearing and directing preparation of plans and specifications. An Ordinance rezoning the property at 711 and 713 2nd Avenue N. W. (North Half East 25ft of Lot 21 and North 50ft of Lot 22,,Block 12, Northern Addition) from B-la to R-2 and from R-1 to B-la (Mac's Grocery Store) was given its first reading. ' 40