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HomeMy WebLinkAbout04-17-1972�1 f � Record of Official Proceedings of the Common Council `� of the City of Rochester, Minn., April 17, 1972 1 1 1 • 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 April 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. Hearing on Planning Commission initiated zoning districting change on the easter-ly 254 feet of the North One-half of Lot 17 and the easterly.254 feet of Lot.19, in Allendale Subdivision from the R-1 to the R-3 District and the North One -Half of Lot 17 less the easterly 254 feet and Lot 19 less the Easterly 254 feet in Allendale Subdivision from the R-1 to the-B-3 District. Alderman Kamper stated that the owner of Wallys Gardens wished to be heard on this but was unable to attend.the meeting tonight, so a motion was made by Alderman Kamper,-second by Alderman Larson, that the hearing be continued until_ 7:30 o'clock P. M. on May 1, 1972; all voted in favor.. Hearing on application to vary paragraph 43.043 of the Zoning Ordinance to permit a temporary "for sale" sign that is larger than 10.square feet of area to be located on Lot 1, Block 2, Toogood Meadows (corner of 5th Avenue and 16th Street S. W.). There was no one present wishing to be heard. President Postier declared the hearing officially closed. The recommendation of the Planning & Zoning Commission was that a temporary sign be permitted but that it be removed no. later than December 31, 1973. Upon motion by Larson, second by Kamper, and all -voting in favor, the recommendation was approved and the City Attorney was instructed to prepare a resolution granting the variance, Hearing on application for a variance to allow an addition in the Rear Yard on Property located at 1834 38th Street N._W.- The recommendation of the Planning & Zoning Commission was that the application be granted approval to permit a 26ft addition onto the rear of the existing house.. There was no one present wishing to be heard. President Postier declared the hearing -officially closed. Upon motion by Kamper, second by Postier, and all voting in favor, the recommendation was approved and the City Attorney was instruc-1 ted to prepare a resolution granting the variance. Hearing on final plat of Valhalla Fifth Subdivision. C. A. Armstrong, City Engineer, stated that there were certain easements that should be included and he did not know'if they had been added to the plat. Upon motion by Strain, second by Larson, and all voting in favor, the matter was tabled until later in the meeting. . Public Hearing on TOPICS PROJECTS(Statement below by President of the Council).1 • Hearing on proposed street.improvments projects at the intersection of 3rd Avenue and 9th Street S.E.; 3rd Avenue -and 4th Street S. E.; and 5th Street and llth Avenue N. W. The purpose of this hearing is to discuss the design features, social, economics, and environmental offsets of the proposed.construction. This hearing is being held in accordance with Section 128, Title 23 of the United States which governs procedure for reconstruction of highways or streets which involves the use of Federal Funds. 0 314 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., April .17, 1972 These intersection improvements that are proposed are necessary.to reduce the high number of accidents and to -improve the traffic.flow. These improvements.are considered to the "high priority" projects in the City of Rochester. Following the hearing, the comments from it will be analyzed and the Council will consider them in determining the final design. The final design and right-of-way acquisition procedures will begin immediately. Hopefully, construction will begin this season. This hearing is also intended to provide you people with an opportunity for presenting views on social, economic, and environmental impact of these three projects. Exactly what are social,.economic and environmental impacts or effects? Simply stated, they are any. direct or indirect benefits or losses to the surrounding area or to the highway users. These could include such items as effect on employment, parts, recreational area, aesthetics of the area, public safety, public utilities, character of the neighborhood, area conservation, noise, air and water pollution. They also could include the effect on a local tax base, property values, natural or historical landmarks, displacement of families,,businesses dis- ruption of school districts, and economic development of the area. Before we proceed with the description of these projects, there are a number of items that should be mentioned: First is that the preliminary studies conducted are being conducted by professional engineers. They are aware of their obligation, not only to provide a safe and economical highway facility but they are also aware of their obligation to provide the most benefit while keeping disruptions to the area residents to a minimum. We have an obligation not only to the traveling public, but to the residents of the area. A second announcement is that anyone may submit a written statement and this statement will be included in the official hearing record providing that the statement is received at the office of the City Clerk on or before April 28th. Third, information developed between the time of tonights hearing and approval of the final project will be available for public inspection and copying at the office of the City Engiie er. We will not proceed with a description and then discussion of each of these projects. We will complete.the hearing on one project.before we describe the other. 3rd Avenue S. E. and 9th Street S. E. Project The improvement project at the intersection of 3rd Avenue and 9th Street S. E. includes widening the roadway 10 feet.on the west side of 3rd Avenue S.E. from approximately 425 feet north of 9th Street S. E. to 9k Street S. E.; constructing a raised median on 3rd Avenue both north and south of 9th Street to provide channelization and separate left -turn storage lanes; and a new traffic signal system. It will also require the acquisition _of approximately S.Ofeet of right-of-way on the west side of 3rd Avenue. This is shwon as shaded in on the plan. A representative of. the Bethel Lutheran Church was present and inquired as to what this.would do to their far north driveway and if they would still have access onto 3rd Avenue from it. There was no one else present wishing to be heard. President Postier declared the hearing officially A motion wasmade by Powers, second by Mayer, that this be tabled�.until the meeting of May 1, 1 1 1 • 1 • Record of Official Proceedings of the Common Council of the City of Rochester, Minn., ' April 17, 1972 315 I • I1 • 1 1972 (10 days are allowed for people to write in); all voted in favor. 3rd Avenue S. E. and 4th St. S.E. Project The improvement project at the intersection of 3rd Avenue and 4th Street S. E. includes widening the roadway 5 ft on both sides of 3rd Avenue just south of 4th Street and tapering down to nothing at 5th Street to provide two thru lanes in each direction and a left turn storage land. It also includes 9 ft. of roadway widening on the north side of 4th St. from 3rd Avenue to approximately 125 feet east and on the south side of 4th Street from 3rd Avenu to approximately 125 feet west to provide two thru lanes,. left turn storage lanes, and separate right turn lanes. This project also includes the modification of the existing traffic signal system. It will also be necessary to remove the remaining parking on both sides of 3rd Avenue S. E. between 4th and 5th Street; on the north side of 4th Street between 2nd and 3rd Avenue and on the south side of 4th Street between 3rd and 4th Avenue. The small area shaded in green on the southwest, southeast, and northeast corners will need to be acquired as additional right-of-way for sidewalks. Mr. Jack Dolan, Traffic Engineer, said they were also proposing to remove two driveways that fall into this intersection of 4th Street and 3rd Avenue S. E., on 3rd Avenue just north of the intersection the first driveway that goes into the Mobil Oil Company and the driveway on the South side of 4th Street directly west of the intersection. Mr. Leonard Leitzen owner of Modern Paint and Carpet Company at 426 3rd Avenue S. E. was present in regard to the removal of parking on 3rd Avenue, he suggested that parking be prohibited only during the peak hours and thenthey be allowed to park at other time. Mr. Haven Hodge of 1203 7th Street N. W. said he had an interest in the Mobil Oil Company at this location and was concerned about removing one of the driveways. Mr. Basil Thompson of 720 14th Avenue S. W. said he had an interest in the Conoco Station here and also was concerned about the removal of the driveway. 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 Kamper, that this be tabled until the meeting on May 1,,1972 (10 days are allowed for people to write in); all voted in favor. 5th Street and llth Avenue N. W. The improvement project at the intersection of 5th Street and llth Avenue N. W. includes widening the roadway 5 feet on both sides of llth Avenue between 4th Street and 5th Street and 7 feet of widening on both sides of llth Avenue between 5th Street and 6th Street to provide two thru lanes in each direction and left turn storage lanes. Reconstruction of the existing raised median on 5th Street to provide left turn storage lanes is also part of this project. Also traffic signal modification, and acquisition of 3 feet of additional right-of- way on both sides of llth Avenue between 5th and 6th Street and an additional triangular parcel at each of the four corners. David Bishop representing Rochester Bread Company and Mobil Oil Company requested a copy of the plans so he could present them to his clients and then if they wished submit their comments later in writing. There was no one else present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by Mayer, second by Strain, that this be tabled until May 1, 1972 (10 days are 0 ;316 Record of Official Proceedings of the Common Council of. the .City of Rochester, Minn., April 17, 1972 allowed for people tb write in); all voted in favor. Mr. Carl Peterson of'the State of Minhesbta, Department of Highways was present at the above hearings. Mr. J. Loftgaarden, President of Property Development of Research Corp., and Mr. Tony Schultz, the architect were present and said they had run into a height problem in the construction of their project and wanted to know if they should wait until:_the'new Zoning Ordinance was adopted which would take care of their problem of if they should proceed under the old ordinance which would require them to apply for a variance. They were told to proceed under the old ordinance as there still was no time schedule -for the new proposed zoning ordinance. • Upon motion by McNary, second by Powers, and all voting in favor, Alderman Larson was appointed to serve as a member of the Public Utility Board, the term of office to be for two years and expire on April 1, 1974. Alderman Powers submitted the appointment of Mr. John A. Klopp of 1435 Durand Court as 4th Ward representative on'the Rochester Committee on Urban Environment, Mr. Klopp to fill the unexpired term of Mrs. LeRoy Lundquist who resigned. Upon motion by Powers, second by Kamper, and all voting in favor, the appointment was approved. ' Upon motion by Strain, second by McNary, and all voting in favor, the Rochester Post Bulletin was designated as the official paper'to publish the official printing and advertising for the City of Rochester for the official year commencing April 1, 1972 at the rate established by the statutes of the State of Minnesota for legal publications. Request of Peoples Cooperative Power Ass6ciation for an easement for burying their electric lines along the property line owned by the City in Section 28, Oronoco. Upon motion by Larson, second by Mayer, and All voting in favor, the request was approved and a resolution was adopted approving the right-of-way easement for utility purposes across the southerly portion of the SEQuarter of the NEQuarter Section 28-108-14 and authorizing and directing the Mayor and City Clerk to sign the said easement. Recommendation of the Committee of the Whole that the Library Board be authorized to proceed with improvements to the "Penny" building and that financing of the total cost of said improvements be provided as follows: Fund Balance $240,957 1971 Contingency Account Reserve 25,286 1972 Budget Appropriation. 50,000 Federal Funds 70,000 Contribution from Mayo Foundation 6,900 Total Financing' $393,143 Upon motion by Kamper, second by Powers, and all voting in favor, the recommendation was approved and approve appropriation of additional monies in the amount of $25,286 from the General Fund'1971 Contingency Encumbrances, $70,000 Federal Grant, $6,900 Mayo Foundation contribution to the Library Construction Account of the permanent Improvement Fund. Upon motion by Strain, second by Mayer, and all voting in favor, the recommendation of the Committee of the Whole that the land fill site be open free of charge on Saturday, May 20, 1972'was approved. • Record of Official Proceedings of the Common Council of the City of Rochester, Minn., April 17, 1972 31 •:, 0 1 1 • 1 Upon motion by Kamper, second by Strain, and all voting in favor, a resolution adopted authorizing and requesting all City employees and elected officials to -cooperate - with the Civil Defense Director in the e vent of any emergency or disaster and also in the conduct of training programs in preparation for emergency and disaster situations. Upon motion by Strain, second by Powers, and all voting in favor, a resolution adopted that the NAVAID TRANSFER Agreemeht, whereby the State of Minnesota transfers to-t City the two VASI's and equipment for use at the Municipal Airport, be approved and the' Mayor and City Clerk be directed to sign 'salcr agreement.- Upon motion by Larson, second by Strain, and' all voting in favor, a resolution was adopted approving the engineering agreement between the City and McGhie &Betts, Inc. for engineering services to bring the master plan up-t-=date and furnish "As=Built" plans for Airport Construction work at the Rochester Municipal Airport for the proposed programs for 1972 and directing the Mayor and City Clerk to sign the said agreement. Upon motion by Larson, second by Mayer, and all voting in favor, the following license applications were approved and the City Clerk was instructed to issue the said licenses: House Mover's License for Lysne Construction Co.; Master Plumber license for John A. Healy III; Sign Erectors License for B & M Enterprises; Commercial Garbage Collector for Paul Kronebusbh; Heating Contractor License for Healy Mechanical Company; Master Installer license for John A. Healy III; Cigarette License (25) for Osco Drug (2), Brownell Drug, Mike's Eastside Texaco, Steins Standard, Franks Spur, Elton Hills Standard, Perkins Cake & Steak (2), Webeck's Standard, Clark Super 100; Arthur Hotel, Archer's "66", Carters of Rochester, Johnny's Bonded Service, Northgate Tastee Freez, Norghate Restaurant, Northside D-X Service, Nagel Brothers Spur, Universal Ford, Mr. Wuik, Rehlings Standard, Burk's Oil Co. and Zumbro Oil Company. Transfer of two taxicab license for Blue & White Cab to two new Plymouths. Upon motion by Mayer, second by Powers, and all voting in favor, a resolution was adopted for each of the following projects, approving plans and specifications and orderi bids for (1) Sidewalk Replacement Project #I-NW-1972 (2) Sidewalk Replacement Project # 2- NW-1972 (3) Sidewalk Replacement Project #1-lSE-71 and (4) Sidewalk Replacement Project # 2-2, 3, 4, 5, SE-71. Upon motion by Kamper, second by Strain, and all voting in favor, a resolution adopted approving and accepting assignment of additional securities in the net amount of $165,000 incollateral in lieu of a depository bond from Northwestern National Bank of Rochester, Minnesota. A motion was made.by Larson, second by McNary, and passed unanimously, that the semi-monthly bills, list attached, in the amount of $108,638.21 be approved. Upon motion by Larson, second by Strain, and all voting in favor, the following low bids for the seasons supply of construction materials for the Street & Alley Depar were approved and contracts awarded: 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., 'April 17, 1972 Washed Sand, Gravel & Crushed Rock Riverside Sadd, Gravel,:z_Wdshed_Sand F.O.B. Plant @ $1.48 per Cu. Yd. Pit Run Gravel F.O.B. Plant @ $1.48 per Cu. Yd. Rochester Sand & Gravel: Washed Sand Delivered @ $2.28 per Cu. Yd. Pit Run Gravel Delivered @ $2.20 per Cu.* Yd. Paulson Rock Products: Crushed Rock F.O.B. Quarry.@ $1.70 per Cu. Yd. Crushed Rock Delivered @ $2.65 per Cu. Yd. Road Oil & Cutback Asphalt Northwestern Refining Co. Road Oil @ $.1511 per gallon Richard's Oil Company: Medium cure Asphalt @ $.1519 per gallon Rapid cure Asphalt @ $.1544 per gallon L. N. Sickles Company: Cationic Emulsion @ $.1611 per gallon Plant Mixed Bituminous Rochester Sand & Gravel: #2341 Bituminous F.O.B. Plant @ $6.60 per ton # 2351 Bituminous F.O.B. Plant @ $11.00 per ton Hauling @ $.14 per ton -mile #2341 Bituminous laid in place @ $8.95 per ton Crushed Quartzite New Ulm Quartzite Quarry: Quartzite @ $7.90 per ton Recommendation of Planning & Zoning that request of Rochester American Youth Hostlers to use a portion of Olmsted County Fairgraounds property for a temporary travel trailer parking area for July 29, 1972 be approved. Upon motion by Strain, second by Kamper, and all voting in`favor, the recommendation was approved and permission was granted. Recommendation of Planning & Zoning that request of Goodwill Ambassadors of Iowa. to use a portion of Olmsted County Fairgraounds property for a temporary travel trailer parking area May 10, 1972 be approved." Upon motion by McNary,'second by Kamper, and all voting in favor, the recommendation was approved and permission.granted.. Resolution accepting permanent easement fbr utility purposes across Lot 6, Block 3, Valhalla Fourth Subdivision, by Metro Development. Upon motion by Strain, second by Larson, and all voting in favor, resolution adopted. Resolution designating 2nd Street S. W. and 5th Street and llth Avenue N. W. as High Priority Projects. Upbn motion by Kamper, second by Mayer, and all voting in favor, resolution adopted. Resolution accepting street easement dedicated and granted by Peoples Natural Gas, Division of Northern Natural'Gas Company across Block 77, Original Plat. Upon motion by Mayer, second by Powers, and all voting in favor, resolution adopted. Resolution approving Public Utility Board purchase order contract with Badger Meter, Inc. ($37,254.25). Upon motion by Larson, second by Strain, and all voting in favor, resolution adopted. Resolution granting variances to construct proposed Park Towers. Upon motion by Kamper, second by Powers, and all voting in favor, resolution adopted. Resolution granting conditional use permit at 1830'First Street S. W. to allow an accessor parking lot (Miller Toyota). Upon motion by Powers, second by Strain, and all voting in favor, resolution adopted. Resolution approving application of Community Development Project known as Rochester Villas. Upon motion by Strain, second by Mayer, and all voting in favor, resolution adopted. 1 I 0 • 0 Record of Official Proceedings of the 'Common Council of the City of Rochester, Minn., April 17, 1972 • 1 N 1 1 Resolution approving amendments to Miracle Mile Shopping Center Plan. Upon motion.by Mayer, second by Powers, and all voting*in favor, resolution adopted. Resolution approving application to display merchandise outdoors i-n B='lb District) Rochester Rent All at llth Street and North Broadway. Upon motion by Mayer, second by Powers, and all voting in favor, resolution adopted. Resolution correcting a description on the vacating of an alley in Block 15, Original Plat. Upon motion by Larson, second by Mayer, and all voting in favor, resolution adopted. -,.'T*"^ ` An Ordinance relating `I o the Dutch Elm Disease and public nuisance, providing 1, t,Jor the removal or abatement and a assessment of the cost thereof; amending Rochester Code orOrdi`ha, ces Section.57.080, was, iven its second reading. A motion was made by Strain, second by Mayer;`tha.t.the said inance be adopted as read and all voting in favor, President �v Postier declared the �sai rdinance duly -passed and adopted. An Ordinance annexing to the City of Rochester, Minnesota certain unplatted land not exceeding 200 acres in area, all being in Section 32, Township 107 North, Range 14,,West, Olmsted County, Minnesota (along west boundary of Country Club Manor) was given its second reading.. A motion was made by Mayer, second by Strain, that the said ordinance be adopted as read and all voting in favor, President Postier declared the said ordinance duly passed and adopted. An Ordinance annexing to the City of Rochester, Minnesota certain lands not exceeding 200 acres in area, all being in Section 32, Township 107•North, Range 14 West, Olmsted County, Minnesota (Country Club Manor Park Site) was given its second reading. A motion was made by Mayer, second by Strain, that. the said ordinance -be -adopted as read and all voting in favor, President Postier declared the said ordinance duly passed and adopted. An Ordinance annexing to the City -of Rochester, Minnesota certain land in the West) half of Section 7, Township 106 North, Range 13 West, Olmsted County, Minnesota and establish- ing the zoning therefore, was given its second reading. A motion was made by Strain, second' by Mayer, that the said ordinance be adopted as read and all voting in favor, President Post declared the said ordinance duly passed and adopted. - The City Attorney presented a resolution on the stipulation that was submitted by the Pollution Control Agency, he said he had reviewed the stipulation and had contacted their Attorney on some of the questions.but had not yet received an answer; he said he still had come questions and thought action should deferred. Action was deferred until the next meeting Upon motion by Strain, second by Powers, and all voting in favor, the matter of the hearing on the final plat of Valhalla Fifth Subdivision was removed from the table. Hearing on final plat of Valhalla Fifth Subdivision. There was no one present wishing to be heard. President Postier declared the hearing officially closed. The City Engineer reported that the easements in question had been put on the plat so he had no further objection. There was a letter from the County Auditor stating that there were delinquent taxes on•property in 0 320. Record of Official Proceedings of the Common Council of the City of Rochester, Minn., April" 17, 1972 E in this area owned by the petitioners for the plat. A motion was made by.Larson, second by Powers that this be tabled until some answer is received on the delinquent tax situation; all voted in favor. Resolution granting variance to permit temporary location of a."for sale" sign on the corner of 5th Avenue and 16th Street S. W. (Dodge -Alexander). Upon motion by Mayer, -second by Powers, and all voting in favor, resolution adopted. Resolution granting variance to permit construction of.an addition, to existing building extending into rear yard at 1834 38th Street N. W. Upon motion by Mayer, second by Kamper, and all voting in favor, resolution adopted. A motion was made by McNary, second by Strain, to remove from the table the motion from the last meeting the motion to uphold and pass Judge Kellys decision.ori the Police Salaries and adopt a resolution amending the salary schedule; all voted in favor. The original motion made by Larson, second by Mayer, to uphold and pass Judge Kelly's decision and adopt a resolution. amending the salary schedule and making a new Grade 9A in Schedule 9, was again before the Council. -President Postier said there had been some question as to whether Alderman Mayer could withdraw his second and now it had been ruled that he could withdraw his second.. Alderman Mayer declined to withdraw his second. President Postier said he would vote against this because he felt Judge.Kelly has taken authority away from the City Council which he did not feel he had the right to do. Upon roll call Kamper, Larson, Mayer and McNary voting "aye" and Powers, Strain and Postier voting "nay", the motion was carried and the resolution adopted. Upon motion by Mayer, second by Powers, and.all voting in favor, the meeting was adjourned until 5:00 P. M. on April 24, 1972. C(i' ,jj�'''`�fi�r dC ., ' 1 y72 City Clerk 4NFORMATION 4-17-72 1. Minutes of the Standing Committees - 4-10-72. 2.' Municipal Court Financial Report March, 1972 3. Letter from James R. Doyle re:sidewalk snow plowing (referred to City Engineer). 4. Letter from David L. Wimann,521 14th Ave. S. W. re: Sidewalk snow plowing (ref to City Engineer). 5. Letter from Minn. P.C.A. re: hold on permits for sewer extensions. 6. The continued hearing on the annexation to the Airport will be held June 23,1972 in the Olmsted County Courthouse at 10:00 A.M. 7. The Public Service Commission has ruled that the Chicago and Northwestern Railroad may increase the speed of its trains to 10m.p.h. between the grade crossings of 2nd Ave. N.E. and 6th Ave. N.W. as requested by the City in April'of 1971. This order is conditional upon the adoption of the following safety measures: a) 1st Ave. N.E.'shall be closed'to vehicular traffic with the completiofi of the 2nd Ave. N.E. Crossing, b) The R.R.'s signals at No. Broadway, 1st Ave. N. W., 2nd Ave.N.W. & 6th Ave.-N. W. shall be modified, c) Cantilever.signals shall be installed.at the 4th Ave. N..W. crossing. The City shall bear 10% of the costs of modernizing the signals. 8. A letter has been received from Stanley Nohn requesting plans for improvements in Bel Air 2nd Subd. ( Referred to City Engineer ) 9. A letter has been received from Builders Land Co. - Stanley Guth, requesting McGhie & Betts be retained as consulting engineers for improvements'in Elton Hills East 9th Subd. 10. Referred to Planning and Zoning. a) request to use fairgrounds overnight to park travelArailers ( Hiawathaland for Iowa Goodwill Ambassadors). b) request to use fairgrounds overnight (Rochester Centurion-Hilmer Jor ensen). c application for conveyance of property by a metes and bounds desc. a� 2037 19th St.N.W. (Robert Carson). d) application for conveyance -of prop. by metes and bounds of property along.19th St: N. W. (Gordon Dashow). e application for a variance.on above described property (Gordon Dashow) f appeal of offstreet parking rovisions at 310 1st St. N.W.(T.Giannetto g application for a variance at llth St. and No. Broadway (Rochester Ren4A11-Roger Christ- h appQI ion for a variance at 303 Elton Hills'Dr. (J.Jensen-Buy Rite Realty). i� petition to rezone propert in the Pinewood School area from R-1 to R-3 (Middle West Development Corp.-R.L.. Smi h). j) petition to vacate part of 17th Ave. N. W. (Bailey and Berg). 11. Claim for Injury - Florence V. Hayes, Box 174, Mazeppa, Minnesota ( Referred to Attorney, Insurance). • n 1 • 11 0