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HomeMy WebLinkAbout05-15-1972f 33, .Record of Official Proceedings of the Common Council .of -the - City of Rochester, Minn., May 15, 1972 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 May 15, 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 .Strain, second by Larson, and all voting in favor, the minutes of the meetings of May 1, May 10.and April 24, 1972 were approved. Hearing on application to vary the height requirements of the Zoning Ordinance as it applies to property located adjacent to 1607 South Broadway (Ramada Inn). .Mr. B. J. Loftsgaarden, the developer and Mr. Tony Schultz, the architect, were present and showed their plans for this proposed project. Mr. R. V. Ehr.ick, Attorney representing Mr. Dale Arndt, said Mr. Arndt's home is built on the cliff and he objected to the variance on the grounds that it is detrimental to his property, that it will adversely affect'the view and value of his property and also that there is no real basis for granting a variance in this situation. Mr. Tom Bass of 207 - 17th Street S. W. said he lived directly above where Ramada Inn wants to build and spoke in opposition to granting the variance. Mr. Russ Boaraas, Attorney representing the petitioner, was also present, and Mr. Dale Arndt of 203 17th Street S. W. was also heard. There was no one else present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by Kamper, second by Powers, that the recommendation of the Planning and Zoning Commission that the maximum height requirement of 40 feet be varied as requested be accepted and the City Attorney be instructed to prepare a resolution granting the variance. R. V. Ehrick said the height of the building with the penthouse was already going to be about 102 feet and wondered if a sign would be allowed on top of this. A motion was then made to amend the original motion that a roof sign would not be allowed ontop of this building, the motion was made by Kamper, second by Powers, and all voted in favor. President Postier then called for a vote on the motion as amended and all voted in favor except Alderman Mayer, who voted "nay". Hearing on application to vary the provisions of Paragraph 21.04 of the Zoning Ordinance to allow two 116foot lots to be split to make four 58foot lots on property located at 19th Street N. W. The recommendation of the Planning and Zoning Commission was that this minimum lot frontage be varied to permit the dividing of these lots as requested. There was no one present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by Larson, second by Powers, that the recommendation be accepted and the City Attorney be instructed to prepare the necessary resolution; all voted in favor. Hearing on applicationto vary the front yard requirements to allow the addition of a garage on a house located at 3802 Third Place N. W. The recommendation of the Planning land Zoning Commission was that the required front yard be varied to permit a five foot encroachment leaving a minimum front yard of 22.0 feet. Mr. Marvin Wagner, the petitioner, 1 CJ 1 1 L� 1 0 0 .Record of Official Proceedings of the Common Council of the City of Rochester, Minn., May 15, 1972 333 Il U 1 s was present and urged that the variance be granted. There was no one else present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by Strain, second by McNary, that the recommendation of the Planning and Zoning Commission be accepted and the -City Attorney be instructed to prepare a resolution granting the said variance. Alderman Larson said bringing this 5 foot addition out in front of the house brings it out of line with all the other homes in that block. Nirl Gerald Swanson, City Attorney, pointed out again that requirements concerning a variance, it is provided in the ordinance that the conditions have to be extraordinary, creating an unusual hardship and as I looked at the application for this variance it appears that there is a building on the property now and the building was built in accordance with the zoning ordinance and the application now,is a request to expand that building and to -project into the front yard and I frankly, unless there are other facts I am not aware of, don't see any unusual circumst- ances,that would apply to this particular piece of property. President Postier then called for a vote on the motion and upon roll call, Kamper, Mayer, Powers, Strain and Postie voting "aye" and Larson and McNary voting "nay", the motion was carried. Hearing on application to vary the provisions of Paragraph 52.02 of the Zoning Ordinance as it applies to the property located at 603 14th Avenue S. W. The Recommendation of the Planning and Zoning Commission was that the petition be denied. There was no one present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by McNary, second by Larson, that this variance be denied and all voted infavor. Hearing on application for approval of a revised Community Development Project Plan for Green Meadows Village. The recommendation of the Planning and Zoning Commission was that this community development project plan be granted approval subject to compliance with the conditions contained in the Planning Department Report. There was no one present wishing -to be heard. President Postier declared the hearing officially closed. A motion was.made by Mayer, second by Larson, that the recommendation be approved and the City Attorney be instructed to prepare a resolution -approving the said plan; all voted in favor. (Mr. George Baihly was present and said he was aware of the conditions of the Planning Department and they would be -taken care of). Hearing on application to -waive the side or front yard setbacks on property located on the Southwest corner of Second Street and Fourteenth Avenue S.-W. The recommendation of the Planning and -Zoning Commission was that this variance be granted. Mr. Richard Blondell the petitioner was present and urged approval of the variance, he said he was planning on building a motel and would like to build it on the east property line of 14th Avenue. There was no-one else present wishing to be heard. President Postier declared the haring officially closed. 'A motion was made by Powers, second by Strain, that the recommendation of the Planning and Zoning Commission be accepted and the City Attorney be instructed to•prepare a resolution granting the variance; all voted in favor, except • 334 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., May 15, 1972 11 Fdermen Kamper and_McNary who voted "nay". b Hearing on final plat of Resubdivision of.Lots 10,.11 and 12, of.Block 2, Elton Hills East Fifth Subdivision. The recommendation of the Planning and Zoning Commission was that this final plat be granted approval. Mr. Bill Berg of 1626.26th Street N. W., the petitioner, was present and urged that the Council adopt this. Mr. Harvey Parks of 2504 - 5th Avenue N. W. inquired.as to the size of.these lots. Mr. Stanley Guth of Builders Land Company said these lots conform with the ordinance so they will just about equal lots in that whole block. There was no one else present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by Strain, second by Mayer, to adopt a resolution approving the final plat; all voted.in,,favor.. Upon motion by Strain, second by Powers, and all voting in favor, a resolution was adopted referring a petition for sewer and water extension to Middle.West Development Corporation in land in NEk of Section 13, Rochester Township 11 to the City Engineer and.the Public Works Committee for determination.of adequacy, feasibility report and recommendation. Mr. Ted Brink, Chairman of the Rochester Housing & Redevelopment Committee, was present and submitted a report of.their committee from the time of its.formation on February 25, 1972 and requested that the Council adopt a resolution to apply.to HUD.for approval of funds for 200 lease units for the City of Rochester. Upon motion by Kamper, second by Powers, and voting in favor, a.resolutionwas adopted (1) that there exists in the City of Rochester a fall need for such low -rent housing at rents within the means of low income families and (2) the application of the local Authority to the government for financil assistance in the form of annual contributions for 200 units to be provided by leasing privately.owned housing under Section 23 of the United States Housing Act of 1937, as amended, is hereby approved. Upon motion by Strain, second by Larson, and all voting.in favor, the mutual assistance pact agreed upon by the City Police and the County Sheriff enabling city police and deputy sheriffs to come to each other's aid in emergencies was approved. Upon motion by Kamper, second by Mayer, and all voting in favor, the City Administrator was instructed and authorized to send a letter to the Region "F" Governor's Crime Commission Advisory Council stating that the City of Rochester approves of any funding for purposes of retaining teletype equipment in the City Police Department to be charged against the 75% local share of Part C, LEAA funds. Mr..James Murphy of the Convention and Visitors Bureau of the Chamber of Commerce, said the State DFL Ceonvention was to be held in Rochester in June and requested that the Council forego or pay the rent of the auditorium for this convention; he said they expected 1200 delegates and 600 visitors and estimated they would spend about $150,000 and the tax on this could take care of a big portion of the rental bill which would.be $2,000; he was told this was under the jurisdiction of the Park Board and.that he should meet with them. The low bid for installation of air conditioning in the Mayo Civic Auditorium was submitted by A. J. Penner Heating and Plumbing of Mountain Lake in the amount of $380,000; E Record of Official Proceedings of the Common Council 335, of the City of Rochester, Minn., May 15, 1972 1 r1 L__J 7 L I", there were two base bids, Base "A" reflects an air conditioning design suitable from the standpoint of noise level for a sports arena type use and Base "B" reflects a,design sutiable to a concerttype use, the basic difference being the insulation quality of the two systems. The Park.Board was requesting an additional $87,251 so they could accept the.low bid for Base bid "B". Upon.motion by McNary, second by Kamper, and all voting in favor, the base bid "B" was accepted and the additional $87,251 to be appropriated from the one-way pair account. Upon motion by Larson, second by Mayer, and all voting in favor, the following license applications were approved: (1) applications for cigarette license of A & W Root Beer at 613 4th Street S.E., Dave's Mobil at 1005 North Broadway and Streiff's Conoco at 120 4th Street S.W. (2) application of Mr. Hopfensipreger for a permit to move two buildings from the Kennedy Courtel Property at 1600 1st St. S. W. to the top of Hennessey Hill (3) application for dance permit of Thomas Kruse for dance to be held at the Mayo Civic Auditorium on June 2, 1972 (4) application of William Watson for Refuse Collector's License and (5) application.of Harrtley F. Bruder for Master Installer license. , Upon motion by Mayer, second by Strain, and all voting in favor, the application of Globe Trade Exchange Company. direct Importers of Fine Oriental Rugs for a permit to have an auction sale at the Holiday Inn Downtown on June 1, 1972 was tabled until May 22, 1972. Upon motion by Larson, second By Powers, and all voting in favor, the application transfer of the 3.2 beer license at the Tap Room at 119 North Broadway was denied and that operations at 119 North Broadway be ordered to cease and the license suspended. Upon motion by Larson, second by Mayer, and all voting in favor, two resolutions were adopted (1) resolution declaring cost to be assessed and ordering preparation of propos assessment for improvements on 7th Street N. W. from llth Avenue N. W..to Valleyhigh Drive N.W. and on Valleyhigh Drive N. W. from 7th Street N. W. to 14th Street N. W. and (2) resolution 0 ordering a hearing on the proposed assessment described above. Upon motion by Kamper, second by Mayer, and all voting in favor, two resolution were adopted (1) resolution declaring cost to be assessed and ordering preparation of proposed assessment for construction.of sanitary sewer and water main extension in 19th Avenue and 7th Street N. W. to Valleyhigh Replat (deferred assessment to parcel 38706) and (2) resolution ordering a hearing on the proposed assessment described above. . Upon motion by Powers, second by Larson, and all voting in favor, six resolutions were adopted approving plans and specifications and ordering bids for the following six projects: New Sidewalk Project #1-1972 (J8425); New Sidewalk Project #2-1972 (J8417); New Sidewalk Project # 3-1972_(J8418); New Sidewalk Project # 4-1972 (J8419); New Sidewalk Project #5-1972 08420) and New Sidewalk Project # 6-1972 (J8421). Upon motion.by Strain, second by Kamper, and all voting in favor,.a resolution was a dopted ordering bids for drainage structure on 15th Avenue N. W. in -Bel Air 2nd Subdivision. Upon motion by Larson, second by Kamper, and all voting in favor, four resolutions 0 33s Record of Official Proceedings of the Common Council of the City of- Rochester, Minn., May 15, 1972 were adopted accepting the low bid for (1) low bid of Doyle Conner Company in the amount of $26,070.08 for Sidewalk Replacement Project #1-S.E.-71 (2) low bid of B. DeWitz in the amount of $281078.83 for Sidewalk Replacement Project # 2-2,3,4,5-S.E.-71 (3) low bid of E. J. Vonch in the amount of $17,013.10 for Sidewalk Replacement Project #1-N.W.-72 and (4).low bid of E. J. Vonch in the amount of $15,316.15 for Sidewalk Replacement Project #2-N.W.=1972. Upon motion by Larson, second by McNary, and -all voting in favor, a resolution was adopted approving and accepting collateral in lieu of a depository bond - assignment of $110,000.00 from Olmsted County Bank & Trust Company. Upon motion by.Strain, second:by Mayer, and all voting in favor, a resolutionwas adopted ordering City Clerk to advertise for bids for -furnishing the seasons supply of liquid chlorine for the Wastewater Treatment Plant. Upon motion by Larson, second by Kamper, and all voting in favor, a.resolution was adopted ordering bids for furnishing five 4-door sedans for the. Police Department. Upon motion by Kamper, second by Larson, and all voting in favor, a five minute recess was declared at 9:15 P. M. The meeting was called to order again at 9:.10 P. M. with all members being present. Upon motion by Mayer, second by Mayer, the Risk and Insurance Management Policy (Committee to consist of Director of Finance, the Purchasing Officer, the City Administrator, Executive Secretary of the Public Utility Board and one member of the Public Utility Board) was approved; all voted in favor. Award of Insurance Policies. Upon motion by McNary, second by Mayer, the bid of A. A. Hirman Agency for a combined general liabilityand automobile olic with option # 2 of g Y P Y P $200,000 per person and $1,000,000 per occurence, was accepted; all voted in favor. The Utility Department has no general liability insurance, the only quotation received would cover losses of over $50,000 per occurrence up to.a limit of $1,000,000 under an umbrella form, the cost is $7,000 per year. Upon motion by Strain, second by McNary, and all voting in favor, this was referred to the Public Utility Board. Upon.motion by Mayer, second by McNary, and all voting in favor, the workmen's compensation portion of the insurance was tabled for further study. A motion .was made by Kamper, second by McNary, and passed unanimously,•that the semi-monthly bills (list attached) in the amount of $201,056.03 were approved. A report from the City Planning and Zoning Commission on the•Open Air Market (Handicrafts, Art Work, etc.) was submitted and President Postier ordered the same placed on file. A letter from Carol Ann Wallace, Secretary of the Olmsted County Memorial Association requesting permission fora parade permit for Memorial Day 1972 and also a letter from Miss Wallace inviting the Mayor and Council members to participate in the parade were each presented. Upon motion by Kamper, second by Powers, and all voting in favor, the parade permit was approved. L-1 Record of Official Proceedings of the Common Council of the City of. Rochester, Minn., May 15, 1972 _ 337 1 0 1 The recommendation of the Planning and Zoning Commission that they had considered the letter from the Committee on Urban Environment requesting hiring of a consultant firm to prepare a proposal for improving the traffic approaches and the Commission was of the opinion that more value would accrue to the City if another planner were added to the Planning Department Staff to do these kinds of studies and other work rather than hiring consulting firms from time to time and as a result of these discussions the Commission recommends another planner be added to the Planning Department Staff. Mr. Maurice Gintz, was present and spoke in favor. Upon motion by Kamper, second by Strain, and all voting in favor this was tabled for one month to see how it works in with ROCOG. Resolution authorizing Mayor and City Clerk to sign -contract between Graybar Electric, Company, Inc. and Public Utility Board for furnishing 1,000 feet of copper -cable ($5,586.45), Upon motion•by Larson; -second by Mayer, and.alil voting in favor,•resolution adopted. Resolution accepting public street and utility easement from Robert -L-.-Carson and Bette L. Carlson. Upon motion by Mayer, second by Powers, and all voting in favor, resolution adopted., An Ordinance rezoning certain property and amending the Zoning Ordinance of the City of Rochester, Minnesota (Lots 17 and 19, Allenda:le Subdivision) was given its first reading. Upon motion by Larson, second by Kamper, and upon roll call and all voting in favor, the rules were suspended and an Ordinance annexing to the City of Rochester', Minnesota certain unplatted land not exceeding 200 acres in area; all being in Section 23, Township 107 North, Range 14 West, Olmsted County, Minnesota (31.15 acres in Cascade Township north of Elton Hills East 5th Subdivision) was given its second reading. A motion was made by Larson, second by Kamper, that the said ordinance be adopted as read and all voting in favor, President Postier declared the said ordinance duly passed.and adopted. Resolution granting a variance at 19th Street N. W. to permit the 6onversion of property into four lots each having a frontage of 58 feet (Gordon Dashow). Upon motion by Kamper, second by McNary, and all voting in favor, resolution adopted. Resolution granting variance to permit the construction of an addition to existing house at 3802 3rd Place N. W. (M.. Wagner). Upon motion by Strain, second by Powers, and all voting in favor, except Alderman McNary who voted "nay",. resolution adopted. (The City Attorney said the -same remarks he.made.on the next page also applied:to thisresolution).• Resolution approving application for revised Community Development Project for'Green Meadows Village. Upon motion by Mayer, second by Powers, and all voting in favor, resolutior adopted. Resolution granting variance at,2nd.Street and 14th AvenuelSouthwest to permit• the construc_tion.of a building.to beused as a.motel so that.the same abuts the East property line along 14th Avenue S. W. (R. Blondell). Upon motion by Powers, second by Strain, and all voting in favor, except Aldermen Kamper and McNary who voted "nay", resolution adopted. Upon motion by Kamper, second by Strain, and all voting in favor, the City Administrator was instructed and authorized to send telegrams to the Committee on Ways and 338 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., " May 15, 1972 Means supporting the General Revenue Sharing Bill. .. Resolution granting variance at 1607 South Broadway.to vary maximum height requirements to permit construction of a motel extending 26 feet.above permitted building height (Bemel Property-- Ramada Inn):. Upon motion.by Kamper, second by.Strain,.and all voting in favor, except Alderman Mayer.who voted."nay', resolution adopted'. (Gerald Swanson, City Attorney, again repeated that the ordinance granting variances requires, that you find that there is an exceptional.hardship applicable to the property, the reason for that is to properly treat everybody on an even.basis and if you don't have that exceptional.hardship and you grant variances i just because they have particular plans they want to fulfill you are going to find yourselves in court.one of these days in an indefensable position; as I listened to the arguments tonight, the particular bluff that the building is going to be facing was -a man created bluff partially created.by the developers of this property -and the property as I.understand it can be developed within the Zoning Ordinance, within the 40 foot limitation.) Resolution approving stipulation between the Minnesota Pollustion Control Agency and City of Rochester and authorizing Mayor and City Clerk to sign same. (The City Attorney said the stipulation refers to the submission to the PCA ani.iengifneering report by March 15, 1973; our making application for Federal and State Grants by April 15, 1973; Our submission to the Agency of construction plans and specifications by December 15, 1973; the solicitation of bids and award of contract by March 15, 1974; completion of the facilities and obtaining nec- essary permits by November 15, 1975). Upon motion by Mayer, second by Kamper, and all voting in favor resolution adopted. Proposed Ameridmetits to Zoning Ordinance. A motion was made by Kamper, second by Strain, that the Council (1) concurs with the revised Land Use Intensity tables (2) concurs with the interim Emergency Flood Regulation Provisions and (3) instructs the City Attorney to Prepare the ordinance; all voted in favor. Mr. Geor a Holter of Rochester Bus Lines was present and outlined some of his proposals. He was told the Council would consider these next Monday. INFORMATION 5-15-72 1. Minutes of the Standing Committees 5-8-72 2. Letter from George Holter re discontinuance of bus service 3. Letter from Mrs. Glen Chapman, 211 llth St. N.M. re garbage collection practices proposal 4. Csaim of Damage - Herbert Terboor of 1428 13th Avenue N.W. (referred to Attorney, Insurance Engineer). 5. An exception was taken to the order of the Public Service Commission dated 3-20-72 establishing the rate of speed at which the Cd& NW R.R.. could operate is trains over crossings between 2nd Avenue N.E. and 6th Avenue N.W., therefore, new agreements will be heard .5-31-72 at2:00 P. M.. in St. Paul 6., The MMC will.hold.a hearing 5-18-72 at 10:00 A.M. in the Olmsted County..Court house concerning the proposed annexation for the Nk of the S 2/3 of -Lot 6, Block 15, Golden Hill Addition 7. Referred to Planning and Zoning: a. Application for conveyance of property metes and bDunds - Wm. Adamson 819 15th St.N.W. b. Application for a variance at 976 14th Avenue S.W. (Floyd H. Pulver) c. Application for a variance at 231 14th Avenue S.E. (Orville S. Schroeder) d. Application for a variance at 536.22nd St. N.E. (Shirley Van-Ginkel). e. petition to annex Lots 12, 13 & 14, Block 3, Knoll Wood Addition (Joseph J. Larson). 8. A notice that the Survey Report for Flood Control in the Zumbro.Rher Basin has been reviewed has been received from the Corps of Engineers. (copies submitted under separate cover). 9. Notice has been received from LMM on a series of labor relations conferences to local officials to be conducted by the League. I� 0 1 1 0