HomeMy WebLinkAbout01-17-1972Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., January 17, 1972
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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 -
January 17, 1972.
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 McNary, second by Mayer, and all voting in favor, the minutes of
the meetings of December 17 and 20', 1971 and January 3 and 7, 1972 were approved.
Hearing on petition to change the zoning districting on Lot 1 of Auditor's
Plat "D" and"Lots 1 and 2 of Arend Dalsbo Addition from the B-lb District to the M-1
District (P. Y. Barrett is the petitioner). At present, this property.is being used as
Northgate Shopping Center and Thomas House of Furniture and the petitioner would like to
change the zoning to permit types of commercial uses that are prohibited in the B-lb
District; the City s Land Use Plan has designated this property as being best suited for
industrial use and the property to the 'east across llth Avenue N.W. and to the west is
presently zoned M-1 (light manufacturing) and this would be a continuation of that district,'
Recommendation of the Planning and Zoning Commission was that this petition be granted
approval. There was no one present wishing to be heard. President Postier-declared the
hearing officially closed. A motion was made by Powers, second by Strain, that the
recommendation be accepted and the City Attorney°be instructed° to prepare the necessary
ordinance. There was some question as to why this change was requested and to what use
the property would be put. A motion was made by Larson, second by Kamper, that this be
tabled for two weeks and the petitioner or his attorney be requested to appear and explain
their request; all voted in favor. -
Hearing on petition to change the zoning districting on property located at
1245 Marion Road S. E. from the R-1 District to the B=lb District. The recommendation of
the Planning and Zoning Commission was that this petition is in accord with the City's
Land Use Plan and they recommend that the petition be granted approval. There was no one
present wishing to be heard. President Postier declared the hearing officially closed.
A motion was made by Strain, second by Mayer, that the recommendation be accepted and the
City Attorney be instructed to prepare an ordinance making the zone change; all voted in
favor.
Hearing on final plat of Southgate Second Subdivision. Recommendation of the
Planning & Zoning Commission was for approval as it complies -with the -requirements of the
Subdivision and Zoning Ordinances and also conforms to the adopted Thoroughfare Plan; the
land has already been developed for use as a shopping center. There was no one present
wishing to be heard. President Postier declared the hearing officially closed. A motion
was made by Larson, second by Strain, that the plat be approved and a resolution was
adopted approving the said plat; all voted in favor. .
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Mr. Gerald Swanson, City Attorney reported that he had checked into the question
`raised at the meeting of December 6, 1971 as to whether the Council could grant the owner of
property located in the R-1 Residential District a variance to use the property as a one -owner
beauty parlor and the answer was in the negative (the question was on the application of Mrs.
Harold Hellick of 205 loth St. S. E.). He said the Zoning Ordinance expressly states that
beauty parlors are not a permitted accessory use in the R=1 District and since the use is not
permitted the Council may not grant such use as a variance, if the owner wants to use it as a
(beauty parlor she will have to apply for a change in zoning.
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Record ' of Official Proceedings of the Common Council
of the City of Rochester, Minn., January 17, 1972
Hearing on street improvements on 3rd Avenue S. E. from 16th Street S. E. to
T. H. #62 South. This project is 4278 feet in length and includes grading and surfacing the
roadway, extensive storm sewer construction, curb and gutter, sidewalk on the west side and
service connections stubbed into the boulevard at each property not presently connected to the
mains. This is a Federal Aid Tropics program and the total estimated cost is $456,000 of which
$100,000 is to be presently assessed, $240,000 to be paid by Topics.and State Aid and $116,000
to be paid out of city funds. Mr. Wesley J. Clark of 1823 - 3rd Ave. S.E., Mrs. Bea Larson of
1743 - 3rd Avenue S.E. and Mrs. Florence Hayes of 1645 - 3rd Avenue S. E. were each heard and
were opposed to the sidewalk being constructed on the west side. Theme was no one else present
wishing to be heard. President Postier declared the hearing officially closed. A motion was
made by Larson, second by McNary, to proceed with the project and a resolution was adopted
ordering the improvement to be made and designating the engineer; all voted in favor.
Upon motion by Kamper, second by McNary, and all voting in favor, the Mayor's
reappointment of Dennis Safe to the Planning and Zoning Commission, term of office.for three
years and to expire December 31, 1974, was approved.
Alderman Strain, Chairman of the Public Safety Committee,.presented the
Rochester Olmsted County Safety Council safety award to Jack Dolan for his dedication to
traffic, safety and accident prevention for the year 1971.
Upon motion by Strain, second by Powers, and all voting in favor, the application
of Snyder Drug Store for a 3.2 off sale 3.2 beer license at 50 17th Avenue S.W. was approved and
the City Clerk instructed to issue the license.
Upon motion by Strain, second by Kamper, and all voting in favor, the following
license applications were approved and the City Clerk was instructed to issue the said licenses:
(a) commercial rubbish collector's license for Robert J. Holrick of Austin, Minnesota and (b)
applications of Northwest Gulf at 632 llth Avenue N.W. and Snyders Drug Store at 50 17th Avenue
S. W. for license to sell cigarettes..and (c) Larson Construction Company for license to connect
with sewers and drains.
Upon motion by Strain, second by Kamper, and all voting in favor, the contract
bond of Riverside Sand & Gravel Company in the amount of $27,736.80 with Fidelity and Guaranty
Company of Maryland as surety and the license bonds of Floyd Larson Construction Company in the
amoutn of $1,000.00 with Wisconsin Surety Company as surety and Joseph Guzinski in the amount of
$1,000.00 with Fidelity & Deposit Corp. as surety were approved.
Recommendation of City Engineer that street improvements on 16th Street S. E.
from 3rd Avenue S. E. to T. H. 63 are feasible; the improvement consists of grading and paving
roadway to 60 foot width, surface drainage including a section of trunk line storm sewer, a
section of sanitary sewer trunk line, concrete curb and gutter, sidewalk on the south side of
16th Street S. E. and service connections stubbed into the boulevard; the estimated cost is
$210,000 of which $30,000 is to be assessed, $120,000 to be paid from municipal state aid and
$89,200 to be paid from city funds. Upon motion by McNary, second by Kamper, and all voting in
favor, the recommendation was accepted and a resolution was adopted receiving preliminary
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Record of Official Proceedings of the 'Common Council
of the City of Rochester, Minn., January 17, 1972
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report, directing preparation of plans and specifications and ordering a public hearing.
Final -costs data and assessment rolls have been prepared by the City Engineer
for the new sidewalk constructiaon projects built in 1971. -Upon motion by Kamper, second
by Mayer, and all voting in favor, two resolutions (a) resolution declaring cost to be
assessed and ordering preparation of proposed assessment and (b) resolution ordering a
hearing on the proposed assessment -were adopted on each of the followinggprojects:
(a) New Sidewalk Project #1-1971 Concrete Sidewalk on the north side
of 33rd Street N. W. from 19th to 22nd Avenue N.W.
(b) New -Sidewalk Project #2-1971 Concrete sidewalk -on -north side of
33rd St. N.W. from 18th to 19th Ave. N.W.; on east side of 19th
Ave. N.W. from 33rd St. N.W. to 2 lots north of 35th St. N.W. and
both sides of 34th Street N.W. and 35th Street N.W. from 18th to
19th Ave. N.W.
(c) New Sidewalk Project #3-1971 Concrete sidewalk on west side of
12th Ave. N.W. and south side of 31st Street N. W.-from-15th Ave.
to 29th Street N.W. and north side of 31st St. N.W. from 14th Ave.
• N.W. to sidewalk inplace.-
(d) New Sidewalk Project #4-1971 Concrete sidewalk on both sides of
16th Ave-.N.W, from 15th to 17th Ave.N.W.; west side of 15th Ave.
N.W. from 16th Ave. N.W. to Cascade St. N.W.; East side of 15th
Ave. N. W. from Elton Hills Drive to inplace walk; and west side
of 14th Ave. N.W. from 22nd St.N.W. to sidewalk inplace.
(e) New Sidewalk Project #5-1971 Concrete sidewalk on east side of
9th Ave. N.W. from Elton Hills -Drive to one lot north of 28th
St. N.W. and both sides of 28th St.N.W.-from 9th Ave.N.W. to
Zumbro Drive N.W. affecting those lots where sidewalk does not
now exist.
(f) New Sidewalk Project #6-1971 Concrete sidewalk on north side of
23rd St. N.W. from 21st to 23rd Avenue N. W. and on 23rd Avenue
N. W. from 23rd St. N. W. to 21st Avenue N. W.
(g) New Sidewalk Project #8-1971 -Concrete sidewalk on east side of
16k Ave. N.W. from 16th to 14th St. N.W.
(h) New Sidewalk Project # 9-1971 Concrete sidewalk on west side of
15th Ave.N.E. from RR south to inplace; west side of 1st Ave.
• S.E. & N.E. to RR; -south side of 7th St. S.W. from 4th•Avenue
west to inplace; north side East Center St. from 1st Avenue
west to alley- • •
(i) New Sidewalk Project #10-1971 Concrete Sidewalk on east side of
6th Ave. S.E. from 13th to 16th St. S.E.; south -side of 15th St.
S.E. from 6th to 8th Ave. S.E.; north side of 16th St. S.E. from
9th to llth Ave. S.E.
(j) Concrete sidewalk on north side of 15th St. N.W. from Valleyhigh
Drive west to the City limits.
(k) Concrete sidewalk on north side of 38th St. N.W. from 18th to
19th Ave-. N.W.
(1) Concrete sidewalk on south side of 29th St. N.W. from 12th to
15th Ave. N.W.
(m) Concrete sidewalk on both sides of 26th Street N. W. from 14th
to 15th Avenue N. W.
Recommendation of Public Works Committee that the project for sewer and
water extension to the 11 acre tract and 22 acre tract S. E. (Conway Tract) be advanced
to planning and bidding upon receivingfrom Mr. Conway a written agreement (1) waiving -
objections to assessments against the 22 acre tract in Section 12 within 2 years after the
11 acre tract in Section 7-is developed but not later than 1976; (2) agreeing that the
assessment against the 11 acre tract will be levied as one payment and the assessment
against -the 22 acre tract will -be spread overa 10 year period; the Committee further
recommends that all other property benefitting from this -improvement -also be assessed on
an equitable basis. The City Attorney questioned the legality of requiring Mr. Conway to
waive any objection he may have to the assessments on the 22 acre tract of land and
further stated that the Common Council should be aware that if Mr. Conway does not develop
Record of Official Proceedings of the Common Council
-of the City of Rochester, Minn., .Tanuary 17, 1972
the 22 acre tract of land by 1976, the City may not be able to enforce the specific
performance of that provision of the contract. A motion was made by Strain, second by
Powers, that the recommendation be accepted and the City Attorney prepare an agreement for
Mr. Conway's signature (the City Attorney and the Attorney for Mr. Conway to work out an
agreement); all voted in favor.
Recommendation of Traffic Engineering that the no parking regulations on 2nd
Avenue S. W. on the west side of the Avenue for a distance of-350 feet more or less immediately
south of 14th Street S. W. between the hours of 7:00 A. M. and 6:00 P. M. Upon motion by
Strain, second,by, McNary, and all voting in favor,.a resolution was adopted rescinding the
above no parking regulations.
A motion was made by Mayer, second by Kamper, and.passed unanimously, that the
semi monthly bills, list at in the amount.of $99,566.36 be approved.
Upon motion by McNary, second by Kamper, and all,voting in favor, a resolution
was adopted accepting additional and substituted securities in collateral in lieu of a
depository bond from Northwestern National Bank.
Recommendation of engineering traffic that a speed zone be established on 16th
Street S. E. from 3rd to llth Avenue S. E. at 40 M.P.H. Upon motion by McNary, second by
Except Alderman Kamper and Strain who voted "nay",
Mayer, 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 a speed zone be established on Elton
Hills Drive from T. H. # 63 to Viking Drive at 40 M.P.H., from Viking Drive to 13th Avenue N. W.
at 35 M.P.H. and from 13th A enue N. W. to T. H. 52 at 30 M.P.H. Upon motion by Larson, second
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by Mayer,,and all voting in favor except Aldermen Kamper and Strain who voted "nay", the
recommendation was accepted and the City Attorney was instructed to prepare the necessary
resolution.
Upon motion by Mayer, second by Powers, and all voting in favor, a resolution was
adopted increasing the Mayor's Contingency account from $3,500 to $5,000 and reducing Mayor's
salary by $1,500.
Bequest of Finance to purchase easements for the 2nd Avenue N. E. extension,
project 6302-71 as follows: Goerge & Eleanor Hartog $625.00, Northern Natural Gas Company
$3,750.00 and Alpek Sheet Metal & Roofing $18,000.00; Alpek will also have to be reimbursed
apprxoximately $335.00 for moving expenses; Topics will participate in '$9,900 of the Alpek
award and moving expenses and the City will then be in a position to sell the balance of the
Alpek property; the Gas Company is the only party which has access to the property, all three
parcels have been tentatively negotiated within the appraised figures and as reviewed
previously by the Finance Committee. Upon motion by Strain, second by Kamper, and all voting
in favor, purchase of slope easements was approved and a resolution authorizing condemnation
of slope easement across Lots 4, 5 and 6, Block 49, Original Plat was adopted.
A motion was then made by Larson, second by Strain, that the City Attorney be
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instructed to prepare a resolution initiating condemnation and appointing commissioners for the
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., January 17, .1972
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acquisition of the Woodhouse Brothers property; all voted in favor.
Recommendation of Personnel Advisory Committee that the resolution regardi
wages for employees in the bargaining unit calling for a 47. increase now and a 3% increase
on July 1 not be approved, the reason for this recommendation is that this will put the
wages of these employees at an inflated rate at the end of the year. Upon motion by
Mayer, second by Strain, and all voting in favor, the recommendation and request of the
Public Utility Board was denied.
Mr. Robert Milam, Chairman of the Citizens Committee, was present and
outlined some of the projects that they had made studies on and outlined a few more which
they were going to study further, the Central Maintenance Garage; the Civil Defense
Structure to see hot iw could be integrated into the police and sheriffs office; the
insurance problems of the City; Community Development.
An Ordinance rezoning certain property and amending the Zoning Ordinance ofi
the City of Rochester, Minnesota (change the North 2 East 25ft of Lot 21 and North 50ft of
Lot 22, Block 12, Northern Addition to R-2 One to Four Family Residence District - Mac's
_Grocery) was given its second reading. A motion was made by McNary, second by Mayer, that
the said ordinance be adopted as read.and all voting in favor, President Postier declared•
the said ordinance duly passed and adopted:
was adjourned.
Upon motion by McNary, second by Mayer, and all voting in favor, the meeti
Ci Clerk
INFORMATION 1/17/72
1. Minutes of Standing Committees 1/10/72
2. Notice of Claim - Thomas E. Keller of 114 112 St. S.E. (referred to Attorney,
Insurance and Park Department)
3. Municipal Court Financial Report for December, 1971
4. Letter from 0. W. Haling re closing of 92 Street S.E. (referred to Traffic
Engineer - this matter is presently under study by the Public Works)
5. The Army Corps of Engineers will hold a public hearing on February 1, 1972 in the
North Hall at 7:30 P. M. on flood control in the Zumbro River Basin.
6. A suit has been filed against the City by Martha Kuehn in reference to the City
expending tax funds for operation of the landfill in Oronoco Township
7. A hearing was held by the MHD January 12, 1972 for the purpose of discussing the
design features and the social, economic and environmental effects of
the proposed relocation of T. H. 52 South
8. Referred to Planning and :Zoning:
a. petition to rezone property on Marion Road S. E. from R-1 to B-lb (Leonard Lampland),
b. petition to rezone 22 acres of the Robert Conway property S.E. from R-1 to R-3
c. petition to annex Lot 6, Block 15, Golden Hill Addition (Carlton Penz)
d. petition to annex 5.7 acres of unplatted land near Country Club Manor (E.L.Forbrook)
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